AN ACT relating to health care; revising the definitions
of practice of practical nursing and practice of professional nursing to
specify that a nurse may accept direction from a physicians assistant;
authorizing a registered nurse to possess and administer certain drugs and
medicines at the direction of a physicians assistant; and providing other
matters properly relating thereto.

[Approved: March 9, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 632.017
is hereby amended to read as follows:

632.017 Practice of practical nursing means the
performance of selected acts in the care of the ill, injured or infirm under
the direction of a registered professional nurse, an advanced practitioner of
nursing, a licensed physician, a
licensed physicians assistant, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized
skill, judgment and knowledge required in professional nursing.

podiatric physician, not requiring the substantial
specialized skill, judgment and knowledge required in professional nursing.

Sec. 2. NRS 632.018 is hereby
amended to read as follows:

632.018 Practice of professional nursing means the
performance of any act in the observation, care and counsel of the ill, injured
or infirm, in the maintenance of health or prevention of illness of others, in
the supervision and teaching of other personnel, in the administration of
medications and treatments as prescribed by an advanced practitioner of
nursing, a licensed physician, a
licensed physicians assistant, a licensed dentist or a licensed
podiatric physician, requiring substantial specialized judgment and skill based
on knowledge and application of the principles of biological, physical and
social science, but does not include acts of medical diagnosis or prescription
of therapeutic or corrective measures.

Sec. 3. NRS 454.213 is
hereby amended to read as follows:

454.213 A drug or medicine referred to in NRS 454.181 to
454.371, inclusive, may be possessed and administered by:

1. A practitioner.

2. A physicians assistant at the direction of his
supervising physician or a licensed dental hygienist acting in the office of
and under the supervision of a dentist.

3. Except as otherwise provided in subsection 4, a
registered nurse licensed to practice professional nursing or licensed
practical nurse, at the direction of a prescribing physician, physicians assistant, dentist,
podiatric physician or advanced practitioner of nursing, or pursuant to a chart
order, for administration to a patient at another location.

4. In accordance with applicable regulations of the board,
a registered nurse licensed to practice professional nursing or licensed
practical nurse who is:

(a) Employed by a health care agency or health care
facility that is authorized to provide emergency care, or to respond to the
immediate needs of a patient, in the residence of the patient; and

(b) Acting under the direction of the medical director of
that agency or facility who works in this state.

5. An intermediate emergency medical technician or an
advanced emergency medical technician, as authorized by regulation of the state
board of pharmacy and in accordance with any applicable regulations of:

(a) The state board of health in a county whose population
is less than 100,000;

(b) A county board of health in a county whose population
is 100,000 or more; or

(c) A district board of health created pursuant to NRS
439.370 in any county.

6. A respiratory therapist employed in a health care
facility. The therapist may possess and administer respiratory products only at
the direction of a physician.

7. A dialysis technician, under the direction or
supervision of a physician or registered nurse only if the drug or medicine is
used for the process of renal dialysis.

8. A medical student or student nurse in the course of his
studies at an approved college of medicine or school of professional or
practical nursing, at the direction of a physician and:

(b) Under the supervision of a physician or a registered
nurse if the student is authorized by the college or school to administer the
drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous
drug in the presence or under the supervision of a registered nurse alone only
if the circumstances are such that the registered nurse would be authorized to
administer it personally.

9. Any person designated by the head of a correctional
institution.

10. An ultimate user or any person designated by the
ultimate user pursuant to a written agreement.

11. A nuclear medicine technologist, at the direction of a
physician and in accordance with any conditions established by regulation of
the board.

12. A radiologic technologist, at the direction of a
physician and in accordance with any conditions established by regulation of
the board.

13. A chiropractic physician, but only if the drug or
medicine is a topical drug used for cooling and stretching external tissue
during therapeutic treatments.

14. A physical therapist, but only if the drug or medicine
is a topical drug which is:

(a) Used for cooling and stretching external tissue during
therapeutic treatments; and

(b) Prescribed by a licensed physician for:

(1) Iontophoresis; or

(2) The transmission of drugs through the skin using
ultrasound.

15. In accordance with applicable regulations of the state
board of health, an employee of a residential facility for groups, as defined
in NRS 449.017, pursuant to a written agreement entered into by the ultimate
user.

16. A veterinary technician at the direction of his
supervising veterinarian.

17. In accordance with applicable regulations of the
board, a registered pharmacist who:

(a) Is trained in and certified to carry out standards and
practices for immunization programs;

(b) Is authorized to administer immunizations pursuant to
written protocols from a physician; and

(c) Administers immunizations in compliance with the
Standards of Immunization Practices recommended and approved by the United
States Public Health Service Advisory Committee on Immunization Practices.

________

κ2001 Statutes
of Nevada, Page 4κ

CHAPTER 3, AB 153

Assembly Bill No.
153Committee on Commerce and Labor

CHAPTER 3

AN ACT relating to real estate; clarifying that an
appraiser who completes a statement of visual condition that is required for a
federally insured home loan is acting within the scope of his practice as an
appraiser and is not subject to the provisions governing inspectors of
structures; and providing other matters properly relating thereto.

[Approved: March 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 645D.100
is hereby amended to read as follows:

645D.100 The provisions of this chapter do not apply to:

1. A federal or state employee, or an employee of a local
government, who prepares or communicates an inspection report as part of his
official duties, unless a certificate is required as a condition of his
employment.

2. A person appointed to evaluate real estate pursuant to
chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

3. A board of appraisers acting pursuant to NRS 269.135.

4. A person licensed, certified or registered pursuant to
chapter 645, 645C or 684A of NRS while he is performing an act within the scope
of his license, certification or registration. For the purposes of this subsection, a person licensed,
certified or registered pursuant to chapter 645C of NRS shall be deemed to be
acting within the scope of his license, certification or registration while he
is performing an appraisal prescribed by federal law that requires a statement
of visual condition and while he is preparing or communicating a report of such
an appraisal.

5. A person who makes an evaluation
of an improvement as an incidental part of his employment for which special
compensation is not provided, if that evaluation is only provided to his
employer for internal use within the place of his employment.

6. A person who provides an estimate of cost, repair or
replacement of any improvements upon real estate.

Sec. 2. This act becomes
effective upon passage and approval.

________

κ2001
Statutes of Nevada, Page 5κ

CHAPTER 4, AB 32

Assembly Bill No.
32Assemblywoman Gibbons

CHAPTER 4

AN ACT relating to chiropractic; revising provisions
governing the issuance of a license to practice chiropractic and a temporary
license to practice chiropractic; increasing the number of chiropractic
assistants that a chiropractor may supervise; and providing other matters
properly relating thereto.

[Approved: March 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 634.090
is hereby amended to read as follows:

634.090 1. An applicant must, in addition to the
requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the
board [that:

(a) He]:

(a) That he is
of good moral character [and, if licensed to practice chiropractic in another state,
possesses a good professional reputation;

(b) He];

(b) Not less
than 60 days before the date of the examination, that he has a
high school education and is a graduate from a college of chiropractic which is accredited by the
Council on Chiropractic Education or
which has a reciprocal agreement with the Council on Chiropractic Education, whose
minimum course of study leading to the degree of doctor of chiropractic
consists of not less than 4,000 hours of credit which includes instruction in
each of the following subjects:

(1)
Anatomy;

(2)
Bacteriology;

(3)
Chiropractic theory and practice;

(4)
Diagnosis and chiropractic analysis;

(5)
Elementary chemistry and toxicology;

(6)
Histology;

(7)
Hygiene and sanitation;

(8)
Obstetrics and gynecology;

(9)
Pathology;

(10)
Physiology; and

(11)
Physiotherapy; and

(c)
[He:] That he:

(1)
Holds certificates which indicate that he has passed parts I, II and III, and
the portion relating to physiotherapy, of the examination administered by the
National Board of Chiropractic Examiners; or

(2)
Has actively practiced chiropractic in another state for not fewer than 7 of
the immediately preceding 10 years without having any adverse disciplinary
action taken against him.

2.
Except as otherwise provided in subsection 3, every applicant is required to
submit evidence of his successful completion of not less than 60 credit hours
at an accredited college or university.

3. Any applicant who has been licensed to practice in
another state, and has been in practice for not less than 5 years, is not
required to comply with the provisions of subsection 2.

634.115 1. [Upon]Except as otherwise provided in
subsections 4 and 5, upon application, payment of the required
fee and the approval of its secretary and president, the board may, without
examination, grant a temporary license to practice chiropractic in this state
to a person [whose]who holds a corresponding license or
certificate in another jurisdiction which is in good standing[.] and who actively practices chiropractic
in that jurisdiction. A temporary license may be issued for the
limited purpose of authorizing the holder thereof to treat patients in this
state.

2.
[An]Except as otherwise provided in this subsection, an applicant
for a temporary license must file an application with the secretary of the
board not less than [45]30 days before the applicant intends to
practice chiropractic in this state. [The]Upon the request of an applicant,
the president or secretary may, for good cause, authorize the applicant to file
his application fewer than 30 days before he intends to practice chiropractic
in this state.

3. An application
for a temporary license must
be accompanied by a fee of $50 and include:

(a)
The applicants name, the address of his primary place of practice and his
telephone number;

(b)
A current photograph of the applicant measuring 2 by 2 inches;

(c)The name of the chiropractic school or college from which the applicant
graduated and the date of his graduation; and

(d)
The number of the applicants license to practice chiropractic in another
jurisdiction . [;
and

(e) A list of
the names and addresses of the patients to be treated by the applicant in this
state or the name of the organization whose members the applicant intends to
treat in this state.

3.] 4. A temporary license
is valid for the 10-day period designated on the license and is not renewable.

[4.] 5. The board may not grant more than two
temporary licenses to an applicant during any calendar year.

Sec. 3. NRS 634.127 is hereby
amended to read as follows:

634.127 No chiropractor may supervise more than [two]four chiropractors
assistants at the same time.

Sec. 4. This act becomes
effective on July 1, 2001.

________

κ2001
Statutes of Nevada, Page 7κ

CHAPTER 5, SB 64

Senate Bill No.
64Committee on Government Affairs

CHAPTER 5

AN ACT relating to property taxes; authorizing the payment
of taxes assessed upon personal property in installments under certain
circumstances; and providing other matters properly relating thereto.

[Approved: March 27, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 361.483
is hereby amended to read as follows:

361.483 1. Except as otherwise provided in subsection [4,]5, taxes assessed
upon the real property tax roll and upon mobile or manufactured homes are due
on the third Monday of August.

2. Taxes assessed upon the real property tax roll may be
paid in four approximately equal installments if the taxes assessed on the
parcel exceed $100.

3. Taxes assessed upon a mobile or manufactured home may
be paid in four installments if the taxes assessed exceed $100.

4. Except as
otherwise provided in NRS 361.505, taxes assessed upon personal property may be
paid in four approximately equal installments if:

(a) The total
personal property taxes assessed exceed $10,000;

(b) Not later
than July 31, the taxpayer returns to the county assessor the written statement
of personal property required pursuant to NRS 361.265;

(c) The
taxpayer files with the county assessor, or county treasurer if the county
treasurer has been designated to collect taxes, a written request to be billed
in quarterly installments and includes with the request a copy of the written
statement of personal property required pursuant to NRS 361.265; and

(d) The
business has been in existence for at least 3 years if the personal property
assessed is the property of a business.

5. If
a person elects to pay in installments, the first installment is due on the
third Monday of August, the second installment on the first Monday of October,
the third installment on the first Monday of January, and the fourth
installment on the first Monday of March.

[5.]6. If any person charged with taxes which are
a lien on real property fails to pay:

(a) Any one installment of the taxes on or within 10 days
following the day the taxes become due, there must be added thereto a penalty
of 4 percent.

(b) Any two installments of the taxes, together with
accumulated penalties, on or within 10 days following the day the later
installment of taxes becomes due, there must be added thereto a penalty of 5
percent of the two installments due.

(c) Any three installments of the taxes, together with
accumulated penalties, on or within 10 days following the day the latest
installment of taxes becomes due, there must be added thereto a penalty of 6
percent of the three installments due.

(d) The full amount of the taxes, together with accumulated
penalties, on or within 10 days following the first Monday of March, there must
be added thereto a penalty of 7 percent of the full amount of the taxes.

[6.]7. Any person charged with taxes which are a
lien on a mobile or manufactured home who fails to pay the taxes within 10 days
after the installment payment is due is subject to the following provisions:

(a) A penalty of 10 percent of the taxes due;

(b) An additional penalty of $3 per month or any portion
thereof, until the taxes are paid; and

(c) The county assessor may proceed under NRS 361.535.

[7.]8. The ex officio tax receiver of a county
shall notify each person in the county who is subject to a penalty pursuant to
this section of the provisions of NRS 360.419 and 361.4835.

Sec. 2. NRS 361.770 is hereby
amended to read as follows:

361.770 1. If newly constructed real property is not
assessed on the secured assessment roll for the current tax year and the roll
has been closed pursuant to NRS 361.310, the county assessor of any county
wherein the property is located shall assess the property as personal property
and give his receipt for the taxes paid thereon in the amount received by him.
If the amount of the taxes exceeds $100, they may be paid in installments as
provided in NRS 361.483[.] for property assessed upon the real
property tax roll.

2. An assessment may be made at any time between July 1
and December 15. The receipt issued by the county assessor must specify the
description of the property, together with the year for which the tax is paid.

3. Any taxes for property assessed pursuant to this
section which become delinquent must be treated in the same manner as if the
property had been placed on the secured roll.

4. The receipt issued by the county
assessor is conclusive evidence for the payment of all taxes against the
property described for the year named on the receipt and is a complete defense
to any action for taxes which may be brought for the period covered by the
receipt.

Sec. 3. NRS 268.785 is hereby
amended to read as follows:

268.785 1. After creation of the district, the council
shall annually ascertain and include in its budget the total amount of money to
be derived from assessments required to provide the higher level of police
protection found beneficial to the public interest for the next ensuing fiscal
year.

2. The city council shall designate an existing citizens
group within the area or create an advisory committee, to recommend to the
council any appropriate changes in the level or kind of additional police
protection to be provided in the district. The council shall consider these
recommendations, and any others that may be offered by interested persons, at a
public hearing before adopting its annual budget for the district.

3. The total amount of money to be derived from
assessments for the next ensuing fiscal year must be apportioned among the
individual property owners in the district based upon the relative special
benefit received by each property using an apportionment method approved by the
city council. On or before April 20 of each year, a notice specifying the
proposed amount of the assessment for the next ensuing fiscal year must be
mailed to each property owner. The city council shall hold a public hearing
concerning the assessments at the same time and place as the hearing on the
tentative budget. The city council shall levy the assessments after the hearing
but not later than June 1.

later than June 1. The assessments so levied must be paid in
installments on or before the dates specified for installments paid pursuant to
subsection [4]5 of NRS 361.483. Any installment payment that
is not paid on or before the date on which it is due, together with any
interest or penalty and the cost of collecting any such amounts, is a lien upon
the property upon which it is levied equal in priority to a lien for general
taxes and may be collected in the same manner.

4. A district is not entitled to receive any distribution
of supplemental city-county relief tax.

Sec. 4. NRS 268.795 is
hereby amended to read as follows:

268.795 1. After creation of the district, the council
shall annually ascertain and include in its budget the total amount of money to
be derived from assessments required to provide the maintenance found
beneficial to the public interest for the next ensuing fiscal year.

2. The city council shall designate an existing citizens group
within the area or create an advisory committee, to recommend to the council
any appropriate changes in the level or kind of maintenance to be provided in
the district. The council shall consider these recommendations, and any others
that may be offered by interested persons, at a public hearing before adopting
its annual budget for the district.

3. The total amount of money to be derived from
assessments for the next ensuing fiscal year must be apportioned among the
individual property owners in the district based upon the relative special
benefit received by each property using an apportionment method approved by the
city council. On or before April 20 of each year, a notice specifying the
proposed amount of the assessment for the next ensuing fiscal year must be
mailed to each property owner. The city council shall hold a public hearing
concerning the assessments at the same time and place as the hearing on the
tentative budget. The city council shall levy the assessments after the hearing
but not later than June 1. The assessments so levied must be paid in
installments on or before the dates specified for installments paid pursuant to
subsection [4]5 of NRS 361.483. Any installment payment that
is not paid on or before the date on which it is due, together with any
interest or penalty and the cost of collecting any such amounts, is a lien upon
the property upon which it is levied equal in priority to a lien for general
taxes and may be collected in the same manner.

4. A district is not entitled to receive any distribution
of supplemental city-county relief tax.

Sec. 5. This act becomes
effective on July 1, 2001.

________

κ2001
Statutes of Nevada, Page 10κ

CHAPTER 6, AB 22

Assembly Bill No.
22Assemblyman Lee

CHAPTER 6

AN ACT relating to judges; amending the charter of the
City of Las Vegas to extend the terms of municipal judges; and providing other
matters properly relating thereto.

[Approved: March 27, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 1.140 of
the charter of the City of Las Vegas, being chapter 517, Statutes of
Nevada 1983, as amended by chapter 526, Statutes of Nevada 1997, at page 2515,
is hereby amended to read as follows:

Sec. 1.140 Elective
offices.

1. The elective officers of the city consist of:

(a) A mayor.

(b) One councilman from each ward.

(c) Municipal judges.

2. The terms of office of the mayor[, councilmen and, except
as is otherwise provided in subsection 3 of section 4.010 of this charter,
municipal judges]and councilmen are 4 years.

3. Except as
otherwise provided in subsection 3 of section 4.010 of this charter, the term
of office of a municipal judge is 6 years.

Sec. 2. Section 4.010 of
the charter of the City of Las Vegas, being chapter 517, Statutes of
Nevada 1983, as last amended by chapter 454, Statutes of Nevada 1989, at page
967, is hereby amended to read as follows:

Sec. 4.010 Municipal
court.

1. There is a municipal court of the city which consists
of at least two departments, each of which must be presided over by a municipal
judge and has such power and jurisdiction as is prescribed in, and is, in all
respects which are not inconsistent with this charter, governed by chapters 5
and 266 of NRS which relate to municipal courts.

2. The city council may from time to time establish
additional departments of the municipal court and shall appoint an additional
municipal judge for each.

3. At the first general election which follows the
appointment of an additional municipal judge to a newly created department of
the municipal court, the successor to that municipal judge must be elected for
a term of [2 or 4]not more than 6 years, as determined by the
city council, in order to effectuate the intent of this provision that, as
nearly as practicable, [one‑half]at least one-third of the number of municipal
judges be elected every 2 years.

4. The respective departments of the municipal court must
be numbered 1 through the appropriate arabic number, as additional departments
are approved by the city council. A municipal judge must be elected for each
department by number.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ2001
Statutes of Nevada, Page 11κ

CHAPTER 7, AB 107

Assembly Bill No.
107Committee on Judiciary

CHAPTER 7

AN ACT relating to crimes; clarifying that a person
convicted of a battery that constitutes domestic violence within 7 years before
or after the principal offense has committed a prior offense for the purposes
of determining a penalty; and providing other matters properly relating
thereto.

[Approved: March 27, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 200.485 is
hereby amended to read as follows:

200.485 1. Unless a greater penalty is provided pursuant
to NRS 200.481, a person convicted of a battery that constitutes domestic
violence pursuant to NRS 33.018:

(a) For the first offense within [the immediately preceding]
7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or
detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than
120 hours, of community service.

The person shall be further punished by a fine of not less
than $200, but not more than $1,000. A term of imprisonment imposed pursuant to
this paragraph may be served intermittently at the discretion of the judge or
justice of the peace, except that each period of confinement must be not less
than 4 consecutive hours and must occur either at a time when the person is not
required to be at his place of employment or on a weekend.

(b) For the second offense within [the immediately preceding]
7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or
detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than
200 hours, of community service.

The person shall be further punished by a fine of not less
than $500, but not more than $1,000.

(c) For the third and any subsequent offense within [the
immediately preceding] 7 years, is guilty of a category C
felony and shall be punished as provided in NRS 193.130.

2. In addition to any other penalty, if a person is
convicted of a battery which constitutes domestic violence pursuant to NRS
33.018, the court shall:

(a) For the first offense within [the immediately preceding]
7 years, require him to participate in weekly counseling sessions of not less
than 1 1/2 hours per week for not less than 6 months, but not more than 12
months, at his own expense, in a program for the treatment of persons who
commit domestic violence that has been certified pursuant to NRS 228.470.

(b) For the second offense within [the immediately preceding]
7 years, require him to participate in weekly counseling sessions of not less
than 1 1/2 hours per week for 12 months, at his own expense, in a program for
the treatment of persons who commit domestic violence that has been certified
pursuant to NRS 228.470.

3. An offense
that occurred within 7 years immediately preceding the date of the principal
offense or after the principal offense constitutes a prior offense for the
purposes of this section when evidenced by a conviction, without regard to the
sequence of the offenses and convictions. The facts concerning a prior offense
must be alleged in the complaint, indictment or information, must not be read
to the jury or proved at trial but must be proved at the time of sentencing
and, if the principal offense is alleged to be a felony, must also be shown at
the preliminary examination or presented to the grand jury.

4. In
addition to any other fine or penalty, the court shall order such a person to
pay an administrative assessment of $35. Any money so collected must be paid by
the clerk of the court to the state treasurer on or before the fifth day of
each month for the preceding month for credit to the account for programs
related to domestic violence established pursuant to NRS 228.460.

[4.] 5. In addition to any other penalty, the
court may require such a person to participate, at his own expense, in a
program of treatment for the abuse of alcohol or drugs that has been certified
by the bureau of alcohol and drug abuse in the department of human resources.

[5.] 6. If a person is charged with committing a
battery which constitutes domestic violence pursuant to NRS 33.018, a
prosecuting attorney shall not dismiss such a charge in exchange for a plea of
guilty, guilty but mentally ill or nolo contendere to a lesser charge or for
any other reason unless he knows, or it is obvious, that the charge is not
supported by probable cause or cannot be proved at the time of trial. A court
shall not grant probation to and, except as otherwise provided in NRS 4.373 and
5.055, a court shall not suspend the sentence of such a person.

[6.] 7. For the purposes of this section:

(a) Battery has the meaning ascribed to it in paragraph
(a) of subsection 1 of NRS 200.481; and

(b) Offense includes a battery which constitutes domestic
violence pursuant to NRS 33.018 or a violation of the law of any other
jurisdiction that prohibits the same or similar conduct.

Sec. 2. This act becomes
effective upon passage and approval.

________

κ2001
Statutes of Nevada, Page 13κ

CHAPTER 8, SB 7

Senate Bill No.
7Senator Wiener

CHAPTER 8

AN ACT relating to children; authorizing a director of
juvenile services to create andadminister
a fund to finance a program of restitution through work; limiting the amount
that may be deducted from the wages of a child in a program of restitution
through work; authorizing a director of juvenile services to create and
administer a fund to finance a program of cognitive training and human
development; and providing other matters properly relating thereto.

[Approved: April 2, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 62 of
NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. 1. To
finance a program of restitution through work established pursuant to NRS
62.2185, a director of juvenile services may establish, with the county
treasurer as custodian, a special fund to be known as the restitution through
work fund.

2. All
grants, gifts, donations, bequests and devises of money that a director of
juvenile services is authorized to accept pursuant to NRS 62.2185 must be
deposited with the county treasurer for credit to the fund.

3. The fund
must be a separate and continuing fund, and no money in the fund reverts to the
general fund of the county at any time. The interest earned on the money in the
fund, after deducting any applicable charges, must be credited to the fund.

4. Expenditures
from the fund must be used only for carrying out the provisions of NRS 62.2185
and expended, to the extent permitted by law, in accordance with the terms of
the grant, gift, donation, bequest or devise. No expenditure from the fund may
be made until authorized by the director of juvenile services.

Sec. 3. 1. To
finance a program of cognitive training and human development established
pursuant to NRS 62.2195, a director of juvenile services may establish, with
the county treasurer as custodian, a special fund to be known as the cognitive
training and human development fund.

2. All
grants, gifts, donations, bequests and devises of money that a director of
juvenile services is authorized to accept pursuant to NRS 62.2195 must be
deposited with the county treasurer for credit to the fund.

3. The fund
must be a separate and continuing fund, and no money in the fund reverts to the
general fund of the county at any time. The interest earned on the money in the
fund, after deducting any applicable charges, must be credited to the fund.

4. Expenditures from the fund must be used only for
carrying out the provisions of NRS 62.2195 and expended, to the extent
permitted by law, in accordance with the terms of the grant, gift, donation,
bequest or devise. No expenditure from the fund may be made until authorized by
the director of juvenile services.

62.020 As used in this chapter, unless the context
otherwise requires:

1. Except as otherwise provided in this subsection,
child means a person who is:

(a) Less than 18 years of age; or

(b) Less than 21 years of age and subject to the
jurisdiction of the juvenile court for an act of delinquency that was committed
before the person reached 18 years of age.

The term does not include a person who is excluded from the
jurisdiction of the juvenile court pursuant to NRS 62.040 or a person who is
certified for criminal proceedings as an adult pursuant to NRS 62.080 or
62.081.

2. Court means the juvenile division of the district
court.

3. Director
of juvenile services means:

(a) In a
judicial district that does not include a county whose population is 100,000 or
more, the chief probation officer who is designated pursuant to NRS 62.110;

(b) In a
judicial district that includes a county whose population is 100,000 or more
but less than 400,000, the director of juvenile services who is appointed
pursuant to NRS 62.1225; or

(c) In a
judicial district that includes a county whose population is 400,000 or more:

(1) The
director of juvenile services who is appointed pursuant to NRS 62.123; or

(2) The
director of the department of family, youth and juvenile services, if such a
department has been established in the judicial district pursuant to NRS 62.126
to 62.127, inclusive.

[5.]6. Judge means the judge of the juvenile
division of the district court.

[6.]7. Juvenile court or juvenile division
means:

(a) In any judicial district that includes a county whose
population is 100,000 or more, the family division of the district court; or

(b) In any other judicial district, the juvenile division
of the district court.

[7.]8. Minor traffic offense means a violation
of any state or local law, ordinance or resolution governing the operation of a
motor vehicle upon any street, alley or highway within this state other than:

(a) A violation of chapter 484 or 706 of NRS that causes
the death of a person;

(b) A violation of NRS 484.379; or

(c) Any traffic offense declared to be a felony.

Sec. 5. NRS 62.2185 is hereby
amended to read as follows:

62.2185 1. In addition to the options set forth in NRS
62.211 and 62.213, the court may order a child who is found to be within the
purview of this chapter to participate in a program of restitution through work
that is established pursuant to this section if the child:

(a) Is 14 years of age or older;

(b) Has never been found to be within the purview of this
chapter for an unlawful act that involved the use or threatened use of force or
violence against a victim and has never been found to have committed such an
unlawful act in any other jurisdiction;

(d) Voluntarily agrees to participate in the program of
restitution through work.

2. If the court orders a child to participate in a program
of restitution through work, the court may order any or all of the following,
in the following order of priority if practicable:

(a) The child or the parent or guardian of the child, to
the extent of his financial ability, to pay the costs associated with the
participation of the child in the program, including, without limitation, a
reasonable sum of money to pay for the cost of policies of insurance against
liability for personal injury and damage to property or for industrial
insurance, or both, during those periods in which the child participates in the
program or performs work, unless, in the case of industrial insurance, it is
provided by the employer for which the child performs the work; or

(b) The child to work on projects or perform public service
pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that
reflects the costs associated with the participation of the child in the
program.

3. A director of juvenile services may establish a program
of restitution through work. A program of restitution through work must:

(a) Include, without limitation, instruction in skills for
employment and work ethics; and

(b) Require a child who participates in the program to:

(1) With the assistance of the program and if
practicable, seek and obtain a position of employment with a public or private
employer; and

(2) Sign an authorization form that permits money to be
deducted from the wages of the child to pay restitution. The director of juvenile
services may prescribe the contents of the authorization form and may determine
the amount of money to be deducted from the wages of the child to pay
restitution[.] , but the director shall not require
that more than 50 percent of the wages of the child be deducted to pay
restitution.

4. A program of restitution through work may include,
without limitation, cooperative agreements with public or private employers to
make available positions of employment for a child who participates in the
program.

5. A director of juvenile services may terminate
participation by a child in a program of restitution through work for any
lawful reason or purpose.

6. A director of juvenile services may:

(a) Apply for
,[and] accept and expend grants ,[or]
gifts , donations, bequests or
devises to finance a program of restitution through work[;]in the manner provided in section 2 of
this act; and

(b) Contract with persons and public or private entities
that are qualified to operate or to participate in a program of restitution
through work.

7. A director
of juvenile services may designate a person to carry out the provisions of this
section.

8. The
provisions of this section do not:

(a) Create a right on behalf of a child to participate in a
program of restitution through work or to hold a position of employment; or

(b) Establish a basis for any cause of action against the
state or its officers or employees for denial of the ability to participate in
or for removal from a program of restitution through work or for denial of or
removal from a position of employment.

(a) In a
judicial district that does not include a county whose population is 100,000 or
more, the chief probation officer who is designated pursuant to NRS 62.110;

(b) In a
judicial district that includes a county whose population is 100,000 or more
but less than 400,000, the director of juvenile services who is appointed
pursuant to NRS 62.1225;

(c) In a
judicial district that includes a county whose population is 400,000 or more:

(1) The
director of juvenile services who is appointed pursuant to NRS 62.123; or

(2) The
director of the department of family, youth and juvenile services, if such a
department has been established in the judicial district pursuant to NRS 62.126
to 62.127, inclusive; or

(d) Any other
person who is designated by a person listed in paragraph (a), (b) or (c) to
carry out the provisions of this section.]

Sec. 6. NRS 62.2195 is hereby
amended to read as follows:

62.2195 1. In addition to any other action authorized
pursuant to the provisions of this chapter, the court may order a child who is
found to be within the purview of this chapter to complete a program of
cognitive training and human development pursuant to this section if:

(a) The child has never been found to be within the purview
of this chapter; and

(b) The unlawful act for which the child is found to be
within the purview of this chapter did not involve the use or threatened use of
force or violence against a victim.

2. If the court orders a child to complete a program of
cognitive training and human development, the court may order any or all of the
following, in the following order of priority if practicable:

(a) The child or the parent or guardian of the child, to
the extent of his financial ability, to pay the costs associated with the
participation of the child in the program, including, without limitation, a
reasonable sum of money to pay for the cost of policies of insurance against
liability for personal injury and damage to property during those periods in
which the child participates in the program;

(b) The child to work on projects or perform public service
pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that
reflects the costs associated with the participation of the child in the
program; or

(c) The county in which the petition alleging the child to
be delinquent or in need of supervision is filed to pay the costs associated
with the participation of the child in the program.

3. A program of cognitive training and human development
must include, without limitation, education, instruction or guidance in one or more
of the following subjects, as deemed appropriate by the court:

(a) Apply for
,[and] accept and expend grants ,[or]
gifts , donations, bequests or
devises to finance a program of cognitive training and human
development[;]in the manner provided in section
3 of this act; and

(b) Contract with persons and public or private entities
that are qualified to operate or to participate in a program of cognitive
training and human development.

5. [As used in this section, director of juvenile services
means:

(a) In a
judicial district that does not include a county whose population is 100,000 or
more, the chief probation officer who is designated pursuant to NRS 62.110;

(b) In a
judicial district that includes a county whose population is 100,000 or more
but less than 400,000, the director of juvenile services who is appointed
pursuant to NRS 62.1225;

(c) In a
judicial district that includes a county whose population is 400,000 or more:

(1) The
director of juvenile services who is appointed pursuant to NRS 62.123; or

(2) The
director of the department of family, youth and juvenile services, if such a
department has been established in the judicial district pursuant to NRS 62.126
to 62.127, inclusive; or

(d) Any other
person who is designated by a person listed in paragraph (a), (b) or (c) to
carry out the provisions of this section.] A director of juvenile services may
designate a person to carry out the provisions of this section.

Sec. 7. This act becomes
effective upon passage and approval.

________

CHAPTER 9, SB 16

Senate Bill No.
16Senator Rhoads

CHAPTER 9

AN ACT relating to real property; requiring the seller
of a home or improved lot that is adjacent to open range to disclose to the
purchaser information regarding grazing on open range; providing that
compliance with the requirement of disclosure constitutes an affirmative defense
in certain actions brought against the seller; and providing other matters
properly relating thereto.

[Approved: April 2, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 113 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. Before the purchaser of a home or improved lot that
is adjacent to open range signs a sales agreement, the seller shall, by
separate written document, disclose to the
purchaser information regarding grazing on the open range.

document, disclose to the purchaser information regarding
grazing on the open range. The written document must contain a statement with
the following language:

This property is adjacent to open range on which livestock
are permitted to graze or roam. Unless you construct a fence that will prevent
livestock from entering this property, livestock may enter the property and you
will not be entitled to collect damages because the livestock entered the
property. Regardless of whether you construct a fence, it is unlawful to kill,
maim or injure livestock that have entered this property.

2. The seller shall retain a copy of the disclosure
document that has been signed by the purchaser acknowledging the date of
receipt by the purchaser of the original document.

3. Compliance with this section by a seller constitutes
an affirmative defense in any action brought against the seller by the
purchaser based upon any damages allegedly suffered as the result of livestock
entering the property.

4. As used in this section, open range has the
meaning ascribed to it in NRS 568.355.

________

CHAPTER 10, SB 29

Senate Bill No.
29Committee on Judiciary

CHAPTER 10

AN ACT relating to statutes; ratifying technical
corrections made to sections of NRS and to multiple amendments of sections of
NRS; correcting the effective date of, correcting certain provisions in and
repealing certain provisions in Statutes of Nevada; and providing other matters
properly relating thereto.

[Approved: April 2, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 20.015
is hereby amended to read as follows:

20.015 Whenever a party to an action or proceeding desires
to give an undertaking pursuant to any provision of Titles 2 to 6 of NRS, it is
sufficient if the sureties sign an undertaking indicating that they are bound
to the obligations imposed by the statute under which the undertaking is given.
Such undertaking may be in substantially the following form:

UNDERTAKING

State of Nevada...................................... }

}ss.

County of................................................. }

In the ............................... court ................................
(state title of the action). Whereas the above named
................................ desires to give an undertaking for
................................ (state purpose) as provided by NRS
................ Now, therefore, we the undersigned sureties, do hereby
obligate ourselves, jointly and severally to
................................

ourselves, jointly and severally to
................................ (name the obligee) under the provisions of NRS
................ in the sum of $............. Dated this ............. day of [ ,
A.D. 19 ..]the
month of ..... . of the year .

(Signature of Principal)

(Signature of Sureties)

Sec. 2. NRS 21.025 is hereby
amended to read as follows:

21.025 A writ of execution issued on a judgment for the
recovery of money must be substantially in the following form:

(Title of the Court)

(Number and abbreviated title of the case)

EXECUTION

THE
PEOPLE OF THE STATE OF NEVADA:

To the sheriff of ................................ County.

Greetings:

On [ ., 19 .,] .... ..(month)......(day)......(year), a
judgment was entered by the above-entitled court in the above-entitled action
in favor of ........................ as judgment creditor and against
....................... as judgment debtor for:

$ principal,

$ attorneys fees,

$ interest, and

$ costs, making a total amount of

$ the judgment as entered, and

WHEREAS, according to an affidavit or a memorandum of costs
after judgment, or both, filed herein, it appears that further sums have
accrued since the entry of judgment, to wit:

$ accrued interest, and

$ accrued costs, together with $........ fee, for the
issuance of this writ, making a total of

$ as accrued costs, accrued interest and fees.

Credit must be given for payments and partial satisfactions
in the amount of

$

which is to be first credited against the total accrued costs
and accrued interest, with any excess credited against the judgment as entered,
leaving a net balance of

bears interest at ........ percent per annum, in the amount
of $........ per day, from the date of judgment to the date of levy, to which
must be added the commissions and costs of the officer executing this writ.

NOW, THEREFORE, SHERIFF OF
........................................ COUNTY, you are hereby commanded to
satisfy this judgment with interest and costs as provided by law, out of the
personal property of the judgment debtor, except that for any pay period, 75
percent of the disposable earnings of the debtor during this period or for each
week of the period 30 times the minimum hourly wage prescribed by section
6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time
the earnings are payable, whichever is greater, is exempt from any levy of
execution pursuant to this writ, and if sufficient personal property cannot be
found, then out of the real property belonging to the debtor in the aforesaid
county, and make return to this writ within not less than 10 days nor more than
60 days endorsed thereon with what you have done.

Dated: This .......... day of [ , 19 ..] the month of ....... .. of the year .

........................., Clerk.

By,......................... Deputy Clerk.

Sec. 3. NRS 31.290 is hereby
amended to read as follows:

31.290 1. The interrogatories to the garnishee may be in
substance as follows:

Did you have in your possession, in your charge or under
your control, on the date the writ of garnishment was served upon you, any
money, property, effects, goods, chattels, rights, credits or choses in action
of the defendants, or either of them, or in which ............................
is interested? If so, state its value, and state fully all particulars.

Do you know of any debts owing to the defendants, whether
due or not due, or any money, property, effects, goods, chattels, rights,
credits or choses in action, belonging to ............... or in which
........................... is interested, and now in the
possession or under the control of others?

I (insert the name of the garnishee), do solemnly swear (or
affirm) that the answers to the foregoing interrogatories by me subscribed are
true.

(Signature of garnishee)

SUBSCRIBED and SWORN to before me this ........ day of [ ,
19 .] the
month of of the year ........

2. The garnishee shall answer the interrogatories in
writing upon oath or affirmation and file his answers or cause them to be filed
in the proper court within the time required by the writ. If he fails to do so,
he shall be deemed in default.

Sec. 4. NRS 34.735 is hereby
amended to read as follows:

34.735 A petition must be in substantially the following
form, with appropriate modifications if the petition is filed in the supreme
court:

Case No.......................................................

Dept. No......................................................

IN
THE .................. JUDICIAL DISTRICT COURT OF THE

STATE
OF NEVADA IN AND FOR THE COUNTY OF..................

...............................................

Petitioner,

v. PETITION FOR WRIT

OF HABEAS CORPUS

(POST-CONVICTION)

...............................................

Respondent.

INSTRUCTIONS:

(1) This petition must be legibly handwritten or
typewritten, signed by the petitioner and verified.

(2) Additional pages are not permitted except where noted
or with respect to the facts which you rely upon to support your grounds for
relief. No citation of authorities need be furnished. If briefs or arguments
are submitted, they should be submitted in the form of a separate memorandum.

(3) If you want an attorney appointed, you must complete
the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have
an authorized officer at the prison complete the certificate as to the amount
of money and securities on deposit to your credit in any account in the
institution.

(4) You must name as respondent the person by whom you are
confined or restrained. If you are in a specific institution of the department
of prisons, name the warden or head of the institution. If you are not in a specific
institution of the department but within its custody, name the director of the
department of prisons.

(5) You must include all grounds or claims for relief which
you may have regarding your conviction or sentence. Failure to raise all
grounds in this petition may preclude you from filing future petitions
challenging your conviction and sentence.

(6) You must allege specific facts supporting the claims in
the petition you file seeking relief from any conviction or sentence. Failure
to allege specific facts rather than just conclusions may cause your petition
to be dismissed. If your petition contains a claim of ineffective assistance of
counsel, that claim will operate to waive the attorney-client privilege for the
proceeding in which you claim your counsel was ineffective.

(7) When the petition is fully completed, the original and
one copy must be filed with the clerk of the state district court for the
county in which you were convicted. One copy must be mailed to the respondent,
one copy to the attorney generals office, and one copy to the district
attorney of the county in which you were convicted or to the original
prosecutor if you are challenging your original conviction or sentence. Copies
must conform in all particulars to the original submitted for filing.

PETITION

1. Name of institution and county in which you are
presently imprisoned or where and how you are presently restrained of your
liberty: ...............................................

9. If you entered a plea of guilty or guilty but mentally
ill to one count of an indictment or information, and a plea of not guilty to
another count of an indictment or information, or if a plea of guilty or guilty
but mentally ill was negotiated, give details:

15. Other than a direct appeal from the judgment of
conviction and sentence, have you previously filed any petitions, applications
or motions with respect to this judgment in any court, state or federal? Yes
........ No ........

16. If your answer to No. 15 was yes, give the following
information:

(c) As to any third or subsequent additional applications
or motions, give the same information as above, list them on a separate sheet
and attach.

(d) Did you appeal to the highest state or federal court
having jurisdiction, the result or action taken on any petition, application or
motion?

(1) First petition, application or motion? Yes ........
No ........

Citation or date of decision: .......

(2) Second petition, application or motion? Yes
........ No .........

Citation or date of decision: .......

(3) Third or subsequent petitions, applications or
motions? Yes ....... No ........

Citation or date of decision: .......

(e) If you did not appeal from the adverse action on any
petition, application or motion, explain briefly why you did not. (You must
relate specific facts in response to this question. Your response may be
included on paper which is 8 1/2 by 11 inches attached to the petition. Your
response may not exceed five handwritten or typewritten pages in length.)

17. Has any ground being raised in this petition been
previously presented to this or any other court by way of petition for habeas
corpus, motion, application or any other post-conviction proceeding? If so,
identify:

(c) Briefly explain why you are again raising these
grounds. (You must relate specific facts in response to this question. Your
response may be included on paper which is 8 1/2 by 11 inches attached to the
petition. Your response may not exceed five handwritten or typewritten pages in
length.)

18. If any of the grounds listed in Nos. 23(a), (b), (c)
and (d), or listed on any additional pages you have attached, were not
previously presented in any other court, state or federal, list briefly what
grounds were not so presented, and give your reasons for not presenting them.
(You must relate specific facts in response to this question. Your response may
be included on paper which is 8 1/2 by 11 inches attached to the petition. Your
response may not exceed five handwritten or typewritten pages in length.) ...................

19. Are you filing this petition more than 1 year
following the filing of the judgment of conviction or the filing of a decision
on direct appeal? If so, state briefly the reasons for the delay. (You must
relate specific facts in response to this question. Your response may be
included on paper which is 8 1/2 by 11 inches attached to the petition. Your
response may not exceed five handwritten or typewritten pages in length.)

23. State concisely every ground on which you claim that
you are being held unlawfully. Summarize briefly the facts supporting each
ground. If necessary you may attach pages stating additional grounds and facts
supporting same.

Under penalty of perjury, the undersigned declares that he
is the petitioner named in the foregoing petition and knows the contents thereof;
that the pleading is true of his own knowledge, except as to those matters
stated on information and belief, and as to such matters he believes them to be
true.

Petitioner

Attorney for petitioner

CERTIFICATE
OF SERVICE BY MAIL

I, ................................, hereby certify
pursuant to N.R.C.P. 5(b), that on this ........ day of [ , 19 .,] the month of ........ of the year
........, I mailed a true and correct copy of the foregoing
PETITION FOR WRIT OF HABEAS CORPUS addressed to:

Respondent prison or jail official

Address

Attorney General

Heroes Memorial Building

Capitol Complex

Carson City, Nevada 89710

District Attorney of County of Conviction

Address

Signature of Petitioner

Sec. 5. NRS 34.830 is hereby
amended to read as follows:

34.830 1. Any order that finally disposes of a petition,
whether or not an evidentiary hearing was held, must contain specific findings
of fact and conclusions of law supporting the decision of the court.

2. A copy of any decision or order discharging the
petitioner from the custody or restraint under which he is held, committing him
to the custody of another person, dismissing the petition or denying the
requested relief must be served by the clerk of the court upon the petitioner
and his counsel, if any, the respondent, the attorney general and the district
attorney of the county in which the petitioner was convicted.

3. Whenever a decision or order described in this section
is entered by the district court, the clerk of the court shall prepare a notice
in substantially the following form and mail a copy of the notice to each
person listed in subsection 2:

PLEASE TAKE NOTICE that on [ .., 19 .,] ..... (month) ..... (day) ..... (year),
the court entered a decision or order in this matter, a true and correct copy
of which is attached to this notice.

You may appeal to the supreme court from the decision or
order of this court. If you wish to appeal, you must file a notice of appeal
with the clerk of this court within 33 days after the date this notice is
mailed to you. This notice was mailed on [ , 19 .] ..... (month) ..... (day) ..... (year)

Dated [ .., 19 .] ..... (month) ..... (day) ..... (year)

Clerk of court

(SEAL) By ................................................

Deputy

Sec. 6. NRS 41.331 is hereby
amended to read as follows:

41.331 As used in NRS 41.331 to 41.338, inclusive, [except
where]unless
the context otherwise requires, the words and terms defined in
NRS 41.332 to 41.335, inclusive, have the meanings ascribed to them in [NRS
41.332 to 41.335, inclusive.] those sections.

Sec. 7. NRS 52.260 is hereby
amended to read as follows:

52.260 1. The contents of a record made in the course of
a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible,
may be proved by the original or a copy of the record which is authenticated by
a custodian of the record or another qualified person in a signed affidavit.

2. The custodian of the record or other qualified person
must verify in the affidavit that the record was made:

(a) At or near the time of the act, event, condition,
opinion or diagnosis concerning which the information was recorded, by or from
information transmitted by a person with knowledge of the act or event; and

(b) In the course of the regularly conducted activity.

3. The affidavit required by subsection 2 must be in
substantially the following form:

NOW COMES ................................, who after first
being duly sworn deposes and says:

1. That the deponent is the ................ (position or
title) ................ of ............... (name of employer) ................
and in his capacity as .............. (position or title) ................ is a
custodian of the records of ............. (name of employer) ................

2. That ................. (name of employer)
................ is licensed to do business as a ................... in the
State of ................

3. That on the ....... day of [ , 19 .,] the month of ....... of the year
......., the deponent was served with a subpoena in connection
with the above-entitled cause, calling for the production of records pertaining
to

4. That the deponent has examined the original of those
records and has made or caused to be made a true and exact copy of them and
that the reproduction of them attached hereto is true and complete.

5. That the original of those records was made at or near
the time of the act, event, condition, opinion or diagnosis recited therein by
or from information transmitted by a person with knowledge, in the course of a
regularly conducted activity of the deponent or ............ (name of employer)
................

4. A party intending to offer an affidavit pursuant to
this section must serve on the other parties a notice of the intent and make
available for inspection or copying the records of the regularly conducted
activity at least 10 days before the records are to be introduced at a hearing,
unless the court shortens this time for good cause shown.

5. If during a trial or a proceeding for discovery, the
authenticity of a record of a regularly conducted activity is reasonably
questioned or if an interpretation of handwriting is in question, the court may
order the personal attendance of the custodian of the record or other qualified
person and may order that the original records be produced.

6. For the purposes of this section:

(a) Custodian of the records means an employee or agent
of an employer who has the care, custody and control of the records of the
regularly conducted activity of the employer.

(b) Employer means:

(1) The State of Nevada, any state agency, county,
city, town, school district or other unit of local government;

(c) Records means memoranda, reports, records or
compilations of data in any form which are kept in the course of an activity
which is regularly conducted by an employer.

Sec. 8. NRS 68.010 is hereby
amended to read as follows:

68.010 The justice, on demand of a party in whose favor
judgment is rendered, must give him an abstract of the judgment in
substantially the following form (filling blanks according to the facts):

State of Nevada, ................ county, ................,
plaintiff, v. ................, defendant. In justices court, before
................, justice of the peace, ................ township (or city),
county ................[, 19 .] (inserting date of abstract).
Judgment entered for plaintiff (or defendant) for $....., on the ..... day of
........ I certify that the foregoing is a correct abstract of a judgment
rendered in the action in my court, ................, or (as the case may be)
in the court of ................, justice of the peace, as appears by his
docket, now in my possession, as his successor in office.

,

Justice of the Peace.

Sec. 9. NRS 108.2415 is hereby
amended to read as follows:

108.2415 The debtor of the lien claimant or a party in
interest in the premises subject to the lien must obtain a surety bond executed
by the debtor of the lien claimant or a party in interest in the premises
subject to the lien, as principal, and executed by a corporation authorized to
transact surety business in this state, as surety, in substantially the
following form:

(Title
of court and cause, if action has been commenced)

WHEREAS, ................................ (name of owner,
contractor, or other person disputing lien) desires to give a bond for
releasing the following described real property from that certain claim of
mechanics lien in the sum of $................ recorded [ , 19 .,] ..... (month) ..... (day) ..... (year)
in the office of the recorder in ................................ (name of
county where the real property is situated):

(legal
description)

NOW, THEREFORE, the undersigned principal and surety do
hereby obligate themselves to the claimant named in the mechanics lien,
................................, (name of claimant) under the conditions
prescribed by NRS 108.2413 to 108.2425, inclusive, in the sum of
$................ (1 1/2 x claim), from which sum they will pay the claimant
such amount as a court of competent jurisdiction may adjudge to have been
secured by his lien, with interest, costs and attorneys fees.

IN TESTIMONY WHEREOF, the principal and surety have executed
this bond at ................................, Nevada, on the ....... day of [ ,
19 ..] the
month of ....... of the year .......

On [ , 19 .,]..... (month) ..... (day) ..... (year) before
me, the undersigned, a notary public of this county and state, personally
appeared ................................. who acknowledged that he executed
the foregoing instrument as principal for the purposes therein mentioned and
also personally appeared ................................ known (or
satisfactorily proved) to me to be the attorney in fact of the corporation that
executed the foregoing instrument, known to me to be the person who executed
that instrument on behalf of the corporation therein named, and he acknowledged
to me that that corporation executed the foregoing instrument.

.................................................................

(Notary Public in and for

the County and State)

Sec. 10. NRS 108.2437 is
hereby amended to read as follows:

108.2437 1. As soon as practicable, but not later than 10
days after a lien of record upon real property pursuant to NRS 108.221 to
108.246, inclusive, is satisfied or discharged, the lienor shall cause to be
recorded a discharge or release of the lien in substantially the following
form:

DISCHARGE
OR RELEASE OF LIEN

NOTICE IS HEREBY GIVEN THAT:

The undersigned did, on the ....... day of [ ,
19 .,] the
month of ....... of the year ......., record in Book
............, as Document No. ............, in the office of the county
recorder of ............. County, Nevada, its Notice of Lien, or has otherwise
given notice of his intention to hold and claim a lien upon the following
described property, owned or purportedly owned by ..............., situated in
the County of ............, State of Nevada, to wit:

(Legal
Description or Address of the Property)

NOW, THEREFORE, for valuable consideration the
undersigned does release, satisfy and discharge the claim or lien on the
property described above by reason of such Notice of Lien, or by reason of the
work and labor on, or materials furnished for, that property.

(Signature of Lienor)

2. If the lienor fails to comply with the provisions of
subsection 1, he is liable in a civil action to the owner of the real property,
his heirs or assigns for any actual damages caused by his failure to comply
with those provisions or $100, whichever is greater, and
for a reasonable attorneys fee and the costs of bringing the action.

or $100, whichever is greater, and for a reasonable
attorneys fee and the costs of bringing the action.

Sec. 11. NRS 108.620 is hereby
amended to read as follows:

108.620 The form of the notice required by NRS 108.610
must be substantially as follows:

Notice is hereby given that
................................ has rendered services in hospitalization for ................................,
a person who was injured on the ....... day of [ , 19 .,] the month of ....... of the year
....... in the city of ................, county of
................................, on or about the ....... day of [ ,
19 .;] the
month of ....... of the year .......; and that
................................ (name of claimant) hereby claims a lien upon
any money due or owing or any claim for compensation, damages, contribution,
settlement or judgment from ................................, alleged to have
caused the injuries, or any other person, corporation or association liable for
the injury. The hospitalization was rendered to the injured person between the
....... day of [ , 19 .,] the month of ....... of the year ....... and
the ....... day of [ , 19 .] the month of ....... of the year .......

Itemized
Statement

That 90 days have not elapsed since the termination of
hospitalization; that the claimants demands for such care or service is in the
sum of $................ and that no part thereof has been paid except
$................; and that there is now due and owing and remaining unpaid of
such sum, after deducting all credits and offsets, the sum of
$................, in which amount lien is hereby claimed.

, Claimant.

State of Nevada...................................... }

}ss.

County of................................................. }

I, ................................, being first duly
sworn, on oath say:

That I am ................................, named in the
foregoing claim of lien; that I have read the same and know the contents
thereof and believe the same to be true.

Subscribed and sworn to before me this ....... day of [ ,
19 .] the
month of ....... of the year .......

These presents are to authorize any minister who has
obtained a certificate of permission, any supreme court justice or district
judge within this state, or justice of the peace within a township wherein he
is permitted to solemnize marriages or if authorized pursuant to subsection 3
of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of
NRS 122.080 or any commissioner of civil marriages or his deputy within a
commissioner township wherein they are permitted to solemnize marriages, to
join in marriage ........ of (City, town or location) ........, State of
........ State of birth (If not in U.S.A., name of country) ........; Date of
birth ........ Fathers name ........ Fathers state of birth (If not in
U.S.A., name of country) ........ Mothers maiden name ........ Mothers state
of birth (If not in U.S.A., name of country) ........ Number of this marriage
(1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled
........ When ........ Where ........ And ........ of (City, town or location)
........, State of ........ State of birth (If not in U.S.A., name of country)
........; Date of birth ........ Fathers name ........ Fathers state of birth
(If not in U.S.A., name of country) ........ Mothers maiden name ........
Mothers state of birth (If not in U.S.A., name of country) ........ Number of
this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced
........ Annulled ........ When ........ Where ........; and to certify the
marriage according to law.

Witness my hand and the seal of the county, this ..... day
of [ A.D. 19 ..] the month of . of the year ............

(Seal) Clerk

Deputy clerk

Sec. 13. NRS 122.120 is hereby
amended to read as follows:

122.120 1. After a marriage is solemnized, the person
solemnizing the marriage shall give to each couple being married a certificate
of marriage.

2. The certificate of marriage must be in substantially
the following form:

State of Nevada

Marriage Certificate

State of Nevada...................................... }

}ss.

County of................................................. }

This is to certify that the undersigned,
................................ (a minister of the gospel, judge, justice of
the peace of ................................ County, commissioner of civil
marriages or deputy commissioner of civil marriages, as
the case may be), did on the ................ day of [ , A.D. 19 .,] the
month of . of the year ...............,

as the case may be), did on the ................ day of [ ,
A.D. 19 .,]
the month of . of the year ..............., at
................ (address or church), ................ (city), Nevada, join in
lawful wedlock ................ (name), of ................ (city), State of
................ and ................ (name), of ................(city), State
of ................ with their mutual consent, in the presence of
................ and ................ (witnesses).

Signature of person performing

(Seal of County Clerk)....... the marriage

Name under signature typewritten

or printed in black ink

.............................................................

County Clerk

Official title of person performing

the marriage

.............................................................

.............................................................

Couples mailing address

3. All information contained in the certificate of
marriage must be typewritten or legibly printed in black ink, except the
signatures. The signature of the person performing the marriage must be an
original signature.

Sec. 14. NRS 127.055 is hereby
amended to read as follows:

127.055 1. Any or all of the attesting witnesses to any
consent to adoption may, at the request of the person or persons who executed
the consent, make and sign an affidavit before any person authorized to
administer oaths in this state, stating such facts as they would be required to
testify to in court to prove the due execution of the consent to adoption. The
affidavit must be written on the consent to adoption, or, if that is
impracticable, on some paper attached thereto. The sworn statement of any
witness so taken must be accepted by the court in any action or proceeding
relating to the validity or due execution of the consent to adoption as if it
had been taken before the court.

2. The affidavit described in subsection 1 may be
substantially in the following form:

Then and there personally appeared the within-named
................ and ................, who, being duly sworn, depose and say:
That they witnessed the execution of the within consent to adoption by
................ (name of person or persons consenting); that she (he or they)
subscribed the consent to adoption and declared the same to be a voluntary
consent to adoption in their presence; that at the time the consent to adoption
was executed it contained the names of the person or persons to whom consent
was thereby given to adopt the child; that they thereafter subscribed the same
as witnesses in the presence of ................ (name of person or persons
consenting) and in the presence of each other and at the request of
................ (name of person or persons consenting); that at the time of
the execution of the consent to adoption ................ (name of person or
persons consenting) acknowledged to them that she (he or they) was (were), and
she (he or they) appeared to them to be, in full possession of her (his or
their) faculties and not under the influence of any drug or sedative or subject
to any duress, fear, menace, compulsion or undue influence whatever; and that
they make this affidavit at her (his or their) request.

Subscribed and sworn to before me this ....... day of [ ,
19 ..] the
month of ....... of the year ..

In the .................... Judicial District Court of the
State of Nevada,

in and for the County of .........................

In the matter of parental rights

as to ........................, a minor.

Notice

To ........................, the father or
........................, the mother of the above-named person; or, to the
father and mother of the above-named person, and to all persons claiming to be
the father or mother of this person; or, to ........................, related
to the above-named minor as ........................; and, to
........................, the legal custodian or guardian of the above-named
minor:

You are hereby notified that there has been filed in the
above-entitled court a petition praying for the termination of parental rights
over the above-named minor person, and that the petition has been set for
hearing before this court, at the courtroom thereof, at
........................, in the County of ........................, on the
.......... day of [ , 19 .,] the month of . of the year .......
at........ oclock ........m., at which time and place you are required to be
present if you desire to oppose the petition.

129.100 1. After a petition has been filed, unless the
person to be served voluntarily appears and consents to the hearing, the court
shall direct the clerk to issue a notice, reciting briefly the substance of the
petition, stating the time and date set for the hearing of the petition, and
requiring the person served with the notice to appear before the court at the
hearing if he desires to oppose the petition.

2. The notice issued pursuant to subsection 1 must be in
substantially the following form:

In the ................................ Judicial District
Court of the State of Nevada,

in and for the County of ................................

In the matter of the emancipation

of ................................, a minor.

Notice

To ................................, the father or
................................, the mother of the above-named minor; or, to
the father and mother of the above-named minor; or, to
................................, the legal guardian of the above-named minor;
or, to ................................, related to the above-named minor as
...............................:

You are hereby notified that there has been filed in the
above-entitled court a petition praying for the emancipation of the above-named
minor person, and that the petition has been set for hearing before this court,
at the courtroom thereof, at ................................, in the County of
................................, on the .......... day of [ , 19 .,] the month of . of the year .......
at .......... oclock ...m., at which time and place you are required to be
present if you desire to oppose the petition.

Dated [ , 19 ..] ............. (month) . (day) (year)

Clerk of court.

(SEAL)

By

Deputy.

Sec. 17. NRS 159.075 is hereby
amended to read as follows:

159.075 When a guardian has taken the official oath and
filed a bond as provided herein, the court shall cause to be issued letters of
guardianship to the guardian. Letters of guardianship may be in the following
form:

Know Ye, that on [ , (month) (day)
19 .,]
.......... (month) .......... (day) ..........(year) the
................ Judicial District Court, ................ County, State of
Nevada, appointed......................... (name of guardian)
...........................(guardian of the person or estate or person and
estate or special guardian) for ........................, (name of ward) a(n)
........................., (minor or adult) that the named guardian has
qualified and has the authority and shall perform the duties of ......................................................
....................... (guardian of the person or estate or person and estate
or special guardian) for the named ward as provided by law.

In Testimony Whereof, I have hereunto subscribed my name and
affixed the seal of the court at my office on [ , (month) (day)
19 ..]
.......... (month) .......... (day) .......... (year).

Clerk

(SEAL)

Deputy clerk

Sec. 18. NRS 174.063 is hereby
amended to read as follows:

174.063 1. If a plea of guilty is made in a written plea
agreement, the agreement must be substantially in the following form:

Case No.......................................................

Dept. No......................................................

IN
THE .................. JUDICIAL DISTRICT COURT OF THE

STATE
OF NEVADA IN AND FOR THE COUNTY OF.............,

The State of Nevada

PLAINTIFF,

v.

(Name of defendant)

DEFENDANT.

GUILTY
PLEA AGREEMENT

I hereby agree to plead guilty to: (List charges to which
defendant is pleading guilty), as more fully alleged in the charging document
attached hereto as Exhibit 1.

My decision to plead guilty is based upon the plea
agreement in this case which is as follows:

I understand that by pleading guilty I admit the facts
which support all the elements of the offenses to which I now plead as set
forth in Exhibit 1.

I understand that as a consequence of my plea of guilty I
may be imprisoned for a period of not more than (maximum term of imprisonment)
and that I (may or will) be fined up to (maximum amount of fine). I understand
that the law requires me to pay an administrative assessment fee.

I understand that, if appropriate, I will be ordered to
make restitution to the victim of the offenses to which I am pleading guilty
and to the victim of any related offense which is being dismissed or not
prosecuted pursuant to this agreement. I will also be ordered to reimburse the
State of Nevada for expenses related to my extradition, if any.

I understand that I (am or am not) eligible for probation
for the offense to which I am pleading guilty. (I understand that, except as
otherwise provided by statute, the question of whether I receive probation is
in the discretion of the sentencing judge, or I understand that I must serve a
mandatory minimum term of (term of imprisonment) or pay a minimum mandatory
fine of (amount of fine) or serve a mandatory minimum term (term of
imprisonment) and pay a minimum mandatory fine of (amount of fine).)

I understand that if more than one sentence of imprisonment
is imposed and I am eligible to serve the sentences concurrently, the
sentencing judge has the discretion to order the sentences served concurrently
or consecutively.

I understand that information regarding charges not filed,
dismissed charges or charges to be dismissed pursuant to this agreement may be
considered by the judge at sentencing.

I have not been promised or guaranteed any particular
sentence by anyone. I know that my sentence is to be determined by the court
within the limits prescribed by statute. I understand that if my attorney or
the State of Nevada or both recommend any specific punishment to the court, the
court is not obligated to accept the recommendation.

I understand that the division of parole and probation of
the department of motor vehicles and public safety may or will prepare a report
for the sentencing judge before sentencing. This report will include matters
relevant to the issue of sentencing, including my criminal history. I
understand that this report may contain hearsay information regarding my
background and criminal history. My attorney (if represented by counsel) and I
will each have the opportunity to comment on the information contained in the
report at the time of sentencing.

WAIVER
OF RIGHTS

By entering my plea of guilty, I understand that I have
waived the following rights and privileges:

1. The constitutional privilege against
self-incrimination, including the right to refuse to testify at trial, in which
event the prosecution would not be allowed to comment to the jury about my
refusal to testify.

2. The constitutional right to a speedy and public trial
by an impartial jury, free of excessive pretrial publicity prejudicial to the
defense, at which trial I would be entitled to the assistance of an attorney,
either appointed or retained. At trial, the state would bear the burden of
proving beyond a reasonable doubt each element of the offense charged.

3. The constitutional right to confront and cross-examine
any witnesses who would testify against me.

4. The constitutional right to subpoena witnesses to
testify on my behalf.

5. The constitutional right to testify in my own defense.

6. The right to appeal the conviction, with the assistance
of an attorney, either appointed or retained, unless the appeal is based upon
reasonable constitutional, jurisdictional or other grounds that challenge the
legality of the proceedings and except as otherwise provided in subsection 3 of
NRS 174.035.

VOLUNTARINESS
OF PLEA

I have discussed the elements of all the original charges
against me with my attorney (if represented by counsel) and I understand the
nature of these charges against me.

I understand that the state would have to prove each
element of the charge against me at trial.

I have discussed with my attorney (if represented by
counsel) any possible defenses and circumstances which might be in my favor.

All of the foregoing elements, consequences, rights and
waiver of rights have been thoroughly explained to me by my attorney (if
represented by counsel).

I believe that pleading guilty and accepting this plea
bargain is in my best interest and that a trial would be contrary to my best
interest.

I am signing this agreement voluntarily, after consultation
with my attorney (if represented by counsel) and I am not acting under duress
or coercion or by virtue of any promises of leniency, except for those set
forth in this agreement.

I am not now under the influence of intoxicating liquor, a
controlled substance or other drug which would in any manner impair my ability
to comprehend or understand this agreement or the proceedings surrounding my
entry of this plea.

My attorney (if represented by counsel) has answered all my
questions regarding this guilty plea agreement and its consequences to my
satisfaction and I am satisfied with the services provided by my attorney.

Dated: This ........... day of [ , 19 ..] the month of . of the year .

Defendant.

Agreed to on this .......... day of [ , 19 ..] the month of . of the year .

.......................................................

Deputy District Attorney.

2. If the defendant is represented by counsel, the written
plea agreement must also include a certificate of counsel that is substantially
in the following form:

I, the undersigned, as the attorney for the defendant named
herein and as an officer of the court hereby certify that:

1. I have fully explained to the defendant the allegations
contained in the charges to which guilty pleas are being entered.

2. I have advised the defendant of the penalties for each
charge and the restitution that the defendant may be ordered to pay.

3. All pleas of guilty offered by the defendant pursuant
to this agreement are consistent with all the facts known to me and are made
with my advice to the defendant and are in the best interest of the defendant.

4. To the best of my knowledge and belief, the defendant:

(a) Is competent and understands the charges and the
consequences of pleading guilty as provided in this agreement.

(b) Executed this agreement and will enter all guilty pleas
pursuant hereto voluntarily.

(c) Was not under the influence of intoxicating liquor, a
controlled substance or other drug at the time of the execution of this
agreement.

Dated: This ........... day of [ , 19 ..] the month of . of the year .

.................................................................

Attorney for defendant.

Sec. 19. NRS 179.320 is hereby
amended to read as follows:

179.320 A warrant of arrest may be in substantially the
following form:

Warrant of Arrest

County of ............................... The State of
Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this
state: A complaint, upon oath, has been this day laid before me by A. B. that
the crime of (designate it) has been committed, and accusing C. D. thereof; you
are therefore commanded forthwith to arrest the above-named C. D. and bring him
before me at (naming the place), or, in case of my absence or inability to act,
before the nearest or most accessible magistrate in this county.

Dated at ............................., this ....... day of
[ , 19 ..] the month of ............ of the year .......

You are hereby summoned to appear before me at (naming the
place) on (specifying the day and hour), to answer a charge made against you
upon the complaint of A. B. for (designating the offense generally).

Dated at .............................., this ....... day of [ , 19 ..] the month of ........... of the year
.......

The State of Nevada, to any peace officer in the county of
................. Proof by affidavit having been made before me by (naming
every person whose affidavit has been taken) that (stating the grounds or
probable cause for issuance).

You are hereby commanded to search (naming the person or
describing with reasonable particularity the place to be searched) for the
following property (describing it with reasonable particularity), making the
search (in the daytime or at any time, as determined by the magistrate) and if
any such property is found there to seize it, prepare a written inventory of
the property seized and bring the property before me (or another designated
magistrate).

Dated at .............................., this ....... day
of [ , 19 ..] the month of ........... of the year .......

179.340 An undertaking for bail after arrest and before
preliminary examination may be in substantially the following form:

Undertaking

A warrant having been issued on the ........ day of [ ,
A.D. 19 .,]
the month of ............ of the year ......., by
........................, a justice of the peace of ........................
County, for the arrest of ........................ (stating name of the
accused), upon a charge of ........................ (stating briefly the nature
of the offense), upon which he has been arrested and duly ordered admitted to
bail in the sum of .................. dollars and ordered to appear before the
magistrate who issued the warrant, we, ......................., of
........................, and ........................ (stating their names and
place of residence), hereby undertake that the above-named
........................ shall appear and answer the charge above mentioned, at
............. oclock ...m., on the ....... day of [ , A.D. 19 .,] the month of ........... of the year
......., before ........................, the magistrate issuing
the warrant, at his office in .....................,

in ....................., ..................... County, State
of Nevada, and that the above-named (insert name of accused) shall appear and
answer the charge above mentioned in whatever court and before whatever
magistrate it may be prosecuted, or before which he may be required to appear
by law, and shall at all times render himself amenable to the orders and
process of the court and the requirements of the law, and if convicted shall appear
for judgment and render himself in execution thereof; or if he fail to perform
any of these conditions, that we will pay to the State of Nevada the sum of
............. dollars (inserting the sum in which the defendant is admitted to
bail).

(Signatures of Sureties)

Sec. 23. NRS 179.360 is hereby
amended to read as follows:

179.360 A commitment where defendant is held to answer
after a preliminary examination may be in substantially the following form:

Commitment

County of ........................ (as the case may be).

The State of Nevada to the sheriff of the county of
.............................: An order having been this day made by me that A.
B. be held to answer upon a charge of (stating briefly the nature of the
offense, and giving as near as may be the time when and the place where the
same was committed), you are commanded to receive him into your custody and
detain him until he is legally discharged.

Dated this ........ day of [ , 19 ..] the month of ............ of the year
.......

(Signatures and official title of magistrate)

Sec. 24. NRS 179.365 is hereby
amended to read as follows:

179.365 An undertaking for bail after preliminary
examination and before arraignment may be in substantially the following form:

Undertaking

An order having been made on the ........ day of [ ,
A.D. 19 .,]
the month of ............ of the year ....... by A. B., a justice
of the peace of ............................... County (or as the case may be),
that C. D. be held to answer upon a charge of (stating briefly the nature of
the offense), upon which he has been duly admitted to bail in the sum of
............. dollars, we, E. F. and G. H. (stating their place of residence),
hereby undertake that the above-named C. D. shall appear and answer the charge
above mentioned, in whatever court it may be prosecuted, and shall at all times
render himself amenable to the orders and process of the court, and, if
convicted, shall appear for judgment and render himself in execution thereof,
or, if he fail to perform any of these conditions, that we will pay to the
State of Nevada the

sum of ............ dollars (inserting the sum in which the
defendant is admitted to bail).

(Signature of Sureties)

Sec. 25. NRS 179.370 is hereby
amended to read as follows:

179.370 An indictment may be substantially in the
following form:

Indictment

State of Nevada...................................... }

}ss.

County of................................................. }

The State of Nevada, plaintiff, against A. B., defendant
(or John Doe, whose real name is unknown). Defendant A. B., above named, is
accused by the grand jury of the county of ........................, of a
felony (or of the crime of murder or other name of crime), committed as
follows: The said A. B., on the ....... day of [ , A.D. 19 .,] the month of ........... of the year
......., or thereabouts, at the county of
.........................., State of Nevada, without authority of law and with
malice aforethought, killed Richard Roe, by shooting with a pistol (or with a
gun or other weapon, according to the facts).

District Attorney

or District Attorney, by Deputy.

Sec. 26. NRS 179.375 is hereby
amended to read as follows:

179.375 An information may be in substantially the
following form:

Information

State of Nevada...................................... }

}ss.

County of................................................. }

In the ....................... court. The State of Nevada
against A. B., C. D. district attorney within and for the county of
........................ in the state aforesaid, in the name and by the
authority of the State of Nevada, informs the court that A. B. on the ........
day of [ , A.D. 19 .,] the month of ........... of the year .......,
at the county of ........................, did (here state offense) against the
peace and dignity of the State of Nevada.

179.380 A warrant upon the finding of a presentment,
indictment or information may be in substantially the following form:

Warrant

County of ........................ The State of Nevada, to
any sheriff, constable, marshal, policeman, or peace officer in this state: A
presentment having been made or an indictment having been found (or information
filed) on the ........ day of [ , A.D. 19 .,] the month of ............ of the year .......,
in the district court of the ........................, county of
........................., charging C. D. with the crime of (designating it
generally), you are therefore commanded forthwith to arrest the above-named C.
D. and bring him before that court to answer the presentment, indictment or
information; or if the court is not in session that you deliver him into the
custody of the sheriff of the county of ........................ By order of
the court. Given under my hand with the seal of the court affixed this ........
day of [ , A.D. 19 ..] the month of ............ of the year ....... .

(Seal) E. F., Clerk.

Sec. 28. NRS 179.385 is
hereby amended to read as follows:

179.385 An undertaking for bail after arrest on a warrant
following the finding of a presentment, indictment or information may be in
substantially the following form:

Undertaking

A presentment having been made (or an indictment having
been found or an information having been filed), on the ........ day of [ ,
A.D. 19 .,]
the month of ............ of the year ......., in the District
Court of the ......................... Judicial District of the State of
Nevada, in and for the County of ........................ (as the case may be),
charging A. B. with the crime of (indicating it generally), and he having been
duly admitted to bail in the sum of ............. dollars, we, C. D. and E. F.
(stating their place of residence), hereby undertake that the above-named A. B.
shall appear and answer the indictment or information above mentioned in
whatever court it may be prosecuted, and shall at all times render himself
amenable to the orders and processes of the court, and, if convicted, shall
appear for judgment and render himself in execution thereof; or, if he fail to
perform either of these conditions, that we will pay to the State of Nevada the
sum of ............. dollars (inserting the sum in which the defendant is
admitted to bail).

179.390 A subpoena or subpoena duces tecum may be in
substantially the following form:

Subpoena

The State of Nevada to A. B.: You are commanded to appear
before C. D., a justice of the peace of ................ township, in
................ County (or, the court of ................, as the case may
be), at (naming the place), on (stating the day and hour), as a witness in a
criminal action, prosecuted by the State of Nevada against E. F. Given under my
hand this ........ day of [ , A.D. 19 ..] the month of ............ of the year ....... .
G. H., Justice of the Peace (seal) (or By order of the court, L. M., Clerk
(seal) as the case may be). (If books, papers or documents are required, a
direction to the following effect must be contained in the subpoena: And you
are required also to bring with you the following (describing intelligibly the
books, papers or documents required).)

Sec. 30. NRS 179.395 is hereby
amended to read as follows:

179.395 A bench warrant may be in substantially the
following form:

Bench Warrant

State of Nevada...................................... }

}ss.

County of................................................. }

The State of Nevada, to any sheriff, constable, marshal,
policeman or other peace officer in this state: A. B. having been on the
........ day of [ , A.D. 19 .,] the month of ............ of the year ........
duly convicted in the .................... Judicial District Court of the State
of Nevada and in and for the County of ...................., of the crime of
(designating it generally); you are therefore commanded forthwith to arrest the
above-named A. B. and bring him before that court for judgment, or if the court
has adjourned, that you deliver him into the custody of the sheriff of the
county of .................... Given, by order of the court, under my hand with
the seal of the court affixed, this the ........ day of [ , A.D. 19 ..] the month of ............ of the year
....... .

(Seal) E. F., Clerk.

Sec. 31. NRS 179.400 is hereby
amended to read as follows:

179.400 When bail is taken upon the recommitment of the
defendant, the undertaking shall be in substantially the following form:

Undertaking

An order having been made on the ........ day of [ ,
A.D. 19 .,]
the month of ............ of the year ......., by the court
(naming it), that A. B. be admitted to bail in the sum of $.........., in an
action pending in that court against him, in behalf of
the State of Nevada, upon a (presentment, indictment, information, or appeal,
as the case may be), we, C. D. and E. F., of (stating their place of
residence), hereby undertake that the above-named A. B. shall appear in that or
any other court in which his appearance may be lawfully required, upon that (presentment,
indictment, information, or appeal, as the case may be), and shall at all times
render himself amenable to its orders and processes, and appear for judgment,
and surrender himself in execution thereof; or, if he fail to perform any of
these conditions, that we will pay to the State of Nevada the sum of
$..........

against him, in behalf of the State of Nevada, upon a
(presentment, indictment, information, or appeal, as the case may be), we, C.
D. and E. F., of (stating their place of residence), hereby undertake that the
above-named A. B. shall appear in that or any other court in which his
appearance may be lawfully required, upon that (presentment, indictment,
information, or appeal, as the case may be), and shall at all times render
himself amenable to its orders and processes, and appear for judgment, and
surrender himself in execution thereof; or, if he fail to perform any of these
conditions, that we will pay to the State of Nevada the sum of $..........
(inserting the sum in which the defendant is admitted to bail).

(Signature of Sureties)

Sec. 32. NRS 244.110 is hereby
amended to read as follows:

244.110 The style of ordinances shall be as follows:

The Board of County Commissioners of the

County of................Do Ordain:

(Body
of ordinance)

(Last
section of ordinance)

Proposed on [the . day .., 19 .] . (month) . (day) . (year)

Proposed by Commissioner.....................

Passed [the day . of .., 19 .] . (month) . (day) . (year)

Vote:

Ayes: Commissioners...........................

Nays: Commissioners...........................

Absent:.......................... Commissioners.

Attest:

County Clerk. Chairman of the Board

This ordinance shall be in force and effect from and
after the ........ day of [ .., 19 ..] the month of of the year .

Sec. 33. NRS 244.3501 is
hereby amended to read as follows:

244.3501 1. An ordinance of the liquor board shall not be
passed except by bill. When any ordinance is amended, the section or sections
thereof shall be reenacted as amended, and an ordinance shall not be revised or
amended by reference only to its title.

2. Every liquor board ordinance shall:

(a) Bear a summary, which shall appear before the title and
which shall state in brief the subject matter of the ordinance.

(b) Embrace but one subject and matters necessarily
connected therewith and pertaining thereto. The subject shall be clearly
indicated in the title. In all cases where the subject of
the ordinance is not so expressed in the title, the ordinance shall be void as
to the matter not expressed in the title.

all cases where the subject of the ordinance is not so
expressed in the title, the ordinance shall be void as to the matter not
expressed in the title.

3. All proposed liquor board ordinances, when first
proposed, shall be read aloud in full to the liquor board, and final action
thereon shall be deferred until the next regular meeting of the board; but in
cases of emergency, by unanimous consent of the whole board, final action may
be taken immediately or at a special meeting called for that purpose.

4. All ordinances shall be:

(a) Signed by the chairman of the liquor board.

(b) Attested by the county clerk.

(c) Published by title only, together with the names of the
liquor board members voting for or against their passage, in a newspaper
published in and having a general circulation in the county, at least once a
week for a period of 2 weeks before the same shall go into effect. Publication
by title shall also contain a statement to the effect that typewritten copies
of the ordinance are available for inspection at the office of the county clerk
by all interested persons.

5. The style of liquor board ordinances shall be as
follows:

The Liquor Board of the

County of................Do Ordain:

(Body
of ordinance)

(Last
section of ordinance)

Proposed on [the . day , 19 .] (month) . (day) . (year)

Proposed by Member.............................

Passed [the . day of , 19 .] (month) . (day) . (year)

Vote:

Ayes: Members......................................

Nays: Members......................................

Absent:..................................... Members.

Attest:

County Clerk Chairman of the Liquor Board

This ordinance shall be in force and effect from and after
the...........day of [ , 19 ..] the month of of the year .

6. The county clerk shall record all liquor board
ordinances in a book kept for that purpose, together with the affidavits of
publication by the publisher. The book, or a certified copy of an ordinance
therein recorded and under the seal of the county, shall be received as prima
facie evidence in all courts and places without further proof.

Sec. 34. NRS 267.090 is hereby
amended to read as follows:

267.090 If upon the canvass it is found that a majority of
the votes cast at the election were cast in favor of the ratification of the
charter, as provided in NRS 267.080, the mayor of the city shall thereupon
attach to the charter a certificate in substance as follows:

I, ................, mayor of ................, do hereby
certify that in accordance with the terms and provisions of section 8 of
article 8 of the constitution, and the laws of the State of Nevada, an election
was held on the .......... day of [ , 19 .,] the month of . of the year ..,
at which 15 qualified electors were elected to prepare a charter for the city
of ......................; that notice of the election was given in the manner
provided by law; that on the .......... day of [ , 19 .,] the month of . of the year ..,
the election was held, and the votes cast at that election were canvassed by
the governing body of the city, and the following persons were declared elected
to prepare and propose a charter for the city of .................

That thereafter, on the .......... day of [ ,
19 .,] the
month of . of the year .., the board of electors returned a
proposed charter for the city of ................, signed by the following
members thereof: .................

That thereafter the proposed charter was published once in
a newspaper and posted in three of the most public places in the city, to wit:
For one publication, the publication in a newspaper on the .......... day of [ ,
19 .,] the
month of . of the year .., and was posted on the ..........
day of [ , 19 ..] the month of . of the year

That thereafter, on the .......... day of [ ,
19 .,] the
month of . of the year .., an election was held at which the
proposed charter was submitted to the qualified electors of the city, and the
returns of the election were canvassed by the governing body at a meeting held
on the .......... day of [ , 19 .,] the month of . of the year .., and the
result of the election was found to be as follows: For the proposed charter,
........ votes; against the proposed charter, ........ votes. Majority for the
proposed charter, ........ votes.

Whereupon the charter was ratified by a majority of the
qualified electors voting at the election.

And I further certify that the foregoing is a full, true
and complete copy of the proposed charter voted upon and ratified as aforesaid.

In testimony whereof, I hereunto set my hand and affix the
corporate seal of the city this .......... day of [ , 19 ..] the month of . of the year

,

Mayor of the city of...............................

Attest: ,

Clerk of the city of ...................................

Sec. 35. NRS 269.105 is hereby
amended to read as follows:

269.105 1. All salaries of officers mentioned in this
chapter and all expenses incurred in carrying on any government herein provided
for shall be paid out of the general fund of the town or city, to the affairs
of which the government relates.

2. All claims for such salaries and expenses shall be presented
to the town board or board of county commissioners, who shall consider and
allow or reject the same, in whole or in part, and a record of their action
shall be entered upon their minutes.

3. If allowed in whole or in part by a majority vote of all
the members composing the town board or board of county commissioners, the
clerk thereof shall certify the claims to the county auditor, who shall
thereupon issue his warrant to the holder, substantially in the following form:

The county treasurer of ................ County will pay to
................. the sum of ........ dollars, for (stating in general terms
the nature of the claim), and charge the same to the general fund of the (town
or city of) ................

$......... County Auditor

The county auditor shall appropriately fill all blanks.

4. Upon presentation of any warrant, the county treasurer
shall immediately pay the same if he has money in his hands sufficient therefor
belonging to the fund upon which it is drawn; but, if he has not, he shall
endorse on the warrant, Not paid for want of funds, adding thereto the date
of the endorsement and signing his name officially to the same; and thereafter
he shall pay the warrant out of the first money applicable thereto coming into
his hands.

5. Before 12 m. on the 1st Monday in each month, the
county treasurer shall post a notice in a conspicuous place in his office,
showing the number and amount of each outstanding warrant, if any, which there
is money in the treasury to pay.

6. On paying any warrant, the county treasurer shall write
across the face thereof, in red ink, Paid, with the date of payment, and sign
his name officially thereto, and the warrant, thus canceled, shall be a
sufficient voucher for the county treasurer for his official settlement, which
settlement shall be made in time and manner as provided for settlement for
county funds.

7. The chairman of the board of county commissioners
shall, in addition to such settlement, once a month examine the books and
vouchers of the county treasurer concerning the state of the finances in his
hands, as mentioned in this chapter, and report the result to the board, which
report shall be spread upon the minutes of the board. Such report shall be
delivered to the town boards, if any, created pursuant to NRS 269.0165 and NRS
269.017 to 269.019, inclusive. Such town boards shall have access, at all reasonable
times, to the books and vouchers of the county treasurer which relate to the
respective towns.

Sec. 36. NRS 269.110 is hereby
amended to read as follows:

269.110 1. In all cases where a town or city in any
county of this state has been incorporated by an act of the legislature
thereof, or of the Territory of Nevada, or otherwise, or may be incorporated,
and the same has been or may hereafter be disincorporated, and where at the
time of such disincorporation there exists any funded debt or outstanding
bonds, the board of county commissioners shall provide for the payment of the
principal and interest of the same substantially in time, manner and form as
provided by law or ordinance existent touching the same at the time of
disincorporation. If there be no such law or ordinance, all such claims shall
be paid out of the debt service fund of such town or city, as provided in this
chapter for the payment of other indebtedness.

2. The board of county commissioners of such county shall
take possession of all the books, papers, documents, money, credits, claims,
demands and other property of the town or city, and collect, hold or dispose of
the same for the use and benefit of the inhabitants thereof; and in case the
town or city shall have been at the time of disincorporation involved in debt,
other than as above specified, the board of county commissioners shall
ascertain the amount thereof, and cause evidences of indebtedness bearing interest on the principal sum thereof from date, at the legal
rate of interest per annum, to be issued to the holder of the indebtedness,
which evidences of indebtedness shall be in the following form:

interest on the principal sum thereof from date, at the legal
rate of interest per annum, to be issued to the holder of the indebtedness,
which evidences of indebtedness shall be in the following form:

No ......... [ 19 .] . (month) (day) ... (year) $..........

This is to certify that the (designating the town or city
by its name) is indebted to ................ in the sum of ........ dollars
principal, and ........ dollars interest, payable out of the debt service fund
of ................; the principal sum of ........ dollars to bear interest
from this date at the legal rate per annum, principal, interest, and accruing
interest payable in lawful money of the United States.

,

Chairman of the Board of County Commissioners

of ................................................ County,
Nevada.

.................................................................

Clerk of ................ County, Nevada.

All blanks shall be appropriately filled.

3. No such evidence of indebtedness shall be issued upon
any account, claim, demand, bond, warrant, scrip or other instrument, unless
the same be filed with the clerk of the board of county commissioners within 3 months
after the disincorporation of the town or city; and simultaneously upon
issuance the account, claim or demand on which the same is issued shall be
receipted, and the bond, warrant, scrip or other instrument shall be canceled.

4. The county treasurer shall only use the money of the
debt service fund for the payment of the preexisting bonds or funded debt not
otherwise provided for, as hereinbefore mentioned, and such evidences as shall
be issued as last hereinbefore mentioned, and the interest thereon as provided
in this chapter.

Sec. 37. NRS 271.375 is hereby
amended to read as follows:

271.375 1. The engineer shall make an assessment roll and
state a proposed assessment therein upon each tract to be assessed, and he
shall thereby defray the whole amount or amounts of all charges so directed to
be levied upon each of such tracts respectively. When completed, he shall
report the assessment roll to the governing body.

2. When any assessment is reported by the engineer to the
governing body, as directed in this section, the roll must be filed in the
office of the clerk and numbered.

3. The report must be signed by the engineer and made in
the form of a certificate endorsed on the assessment roll as follows:

(Form
of Certificate)

State of Nevada...................................... }

}ss.

County of................................................. }

To the (insert City Council, or Board of County
Commissioners, or other name of governing body) of
................................, Nevada:

I hereby certify and report that the foregoing is the
assessment roll and assessments made by me for the purpose of paying that part
of the cost which you decided should be paid and borne by
special assessments for ................

you decided should be paid and borne by special assessments
for ................ Improvement District No. ..........; that in making such
assessments, I have, as near as may be, and according to my best judgment,
conformed in all things to the provisions of chapter 271 of NRS.

293.130 1. On the dates set by the respective state
central committees in each year in which a general election is to be held, a
county convention of each major political party must be held at the county seat
of each county or at such other place in the county as the county central
committee designates.

2. The county central committee of each major political
party shall cause notice of the holding of the county convention of its party
to be ublished in one or more newspapers, if any, published in the county. The
notice must be in substantially the following form:

NOTICE
OF.....(NAME OF PARTY).....CONVENTION

Notice is hereby given that the county Convention of the
................ Party for ................ County will be held at
................ in ................, on [ ., the . day of ,
19 .;] the
.. day of the month of of the year ; that at the
convention delegates to the ........ State Convention will be elected, a county
central committee to serve for the ensuing 2 years will be chosen, and other
party affairs may be considered; that delegates to such county convention will
be chosen at ........(name of party)........ precinct meetings to be held in
each voting precinct in the county on or before the ..... day of [ ,
19 .;] the
month of of the year ..; and that a voting precinct is
entitled to a number of delegates in proportion to the number of registered
voters of the ................ Party residing in the precinct as set forth in
NRS 293.133.

County Central Committee of................ County, Nevada

By (Its Chairman)

And (Its Secretary)

Sec. 39. NRS 361.655 is hereby
amended to read as follows:

361.655 The complaint in the action may be as follows in
form:

In the (Title of Court)

State of Nevada...................................... }

v. } Complaint

A.B. & Co., and the real estate and..... }

improvements in (describing them)...... }

The State of Nevada, by C.D., district attorney of the
county of ................................, complains of A.B. and also the real
estate and improvements (describing them with the same particularity as in
actions of ejectment, or actions for the recovery of personal property), and
for cause of action says that between July 1, [19 .,] of the year ......, and January 2, [19 .,] of the year ......, in the county of ................,

action says that between July 1, [19 .,] of the year ......, and
January 2, [19 .,] of the year ......, in the county of
................, in the State of Nevada, E.F., then and there, being county
assessor of the county, did duly assess and put down on an assessment roll all
the real and personal property in the county subject to taxation, and that the
assessment roll was afterward submitted to the county board of equalization of
the county, and was by the board duly equalized as provided by law; that A.B.
was then and there the owner of, and that there was duly assessed to him the
above-described real estate, improvements upon real estate and certain personal
property, and that upon such property there has been duly levied for the fiscal
year [19 .] ...... a state tax of ................
dollars, and a county tax of ................ dollars, amounting in the whole
to ................ dollars, all of which is due and unpaid; of which amount
................ dollars was duly assessed and levied against the real estate,
and ................ dollars against the improvements aforesaid, and
................ dollars against the personal property.

Wherefore, plaintiff prays judgment against A.B. for the
sum of ................ dollars (the whole of the tax) and all penalties and
costs, and a separate judgment against the real estate and improvements, for
the sum of ................ dollars (the tax due on real estate, improvements,
and personal property) and all penalties and costs, as provided by law, and for
such other judgment as to justice belongs, and for all costs subsequent to the
assessment of the taxes, and of this action.

C.D., District Attorney

County of

Sec. 40. NRS 361.680 is hereby
amended to read as follows:

361.680 The notice required to be published or posted
shall be substantially in the following form, and may include any number of
cases in which the return day of the summons shall be the same:

State of Nevada...................................... }

} District Attorneys Office

County of................................................. }

Notice of Suits Commenced

To the following-named defendants, and to all owners of, or
claimants to, the real estate and improvements, when assessed separately,
hereinafter described, known or unknown.

You are hereby notified that suits have been commenced in
(name of court where held) by the State of Nevada, plaintiff, against each of
the defendants hereinafter named, and each of the following-described tracts or
parcels of land with the improvements thereon, and improvements when separately
assessed, and all owners of, or claimants to the same, known or unknown, to
recover the tax and delinquency assessed to the defendant against the property,
for the fiscal year commencing ................, and ending ................,
and that a summons has been duly issued in each case; and you are further
notified that unless you appear and answer to the complaint filed in such
cause, on or before the ............. day of [ , 19 .,] the month of ............ of the year
......, judgment will be taken against you and the real estate and improvements herein described, for the amount of tax
and delinquency specified, and cost of suit.

362.050 1. To obtain the exemption of the surface of a
patented mine or mining claim from taxation ad valorem, pursuant to section 5
of article 10 of the constitution of this state, the owner must submit an
affidavit to the county clerk for the county in which the mine is located on or
before December 30 covering work done during the 12 months next preceding 12
a.m. on September 1 of that year. The exemption then applies to the taxes for
the fiscal year beginning on July 1 following the filing of the affidavit. Upon
receipt of such an affidavit, the county clerk shall cause it to be recorded in
the office of the county recorder and transmit it to the county assessor.

2. The affidavit of labor must describe particularly the
work performed, upon what portion of the mine or claim, and when and by whom
done, and may be substantially in the following form:

State of Nevada...................................... }

}ss.

County of................................................. }

................................, being first duly sworn,
deposes and says: That development work worth at least $100 was performed upon
the ............................... patented mine or mining claim, situated in
the ........................................ Mining District, County of
..........................................., State of Nevada, during the
federal mining assessment work period ending within the year [19 ..] ....... . The work was
done at the expense of .............................., the owner (or one of the
owners) of the patented mine or mining claim, for the purpose of relieving it
from the tax assessment. It was performed by ................................,
at about ................ feet in a ................ direction from the
monument of location, and was done between the ........ day of [ ,
19 .,] the
month of ........ of the year ......., and the .......... day of [ ,
19 .,] the
month of .......... of the year ......., and consisted of the
following work:

412.2675 1. Warrants of arrest issued pursuant to NRS
412.267 must be in substantially the following form:

State of Nevada...................................... }

}ss.

County of................................................. }

To the (Sheriff) (Constable) (Chief of Police) of ................
(County) (Township and County) (City and County):

,

(Name
of person to be arrested, rank, serial number)

a member of .............................. (Unit designation)
Nevada National Guard, having failed or refused to report to his appointed
place of duty at ................................, you are therefore commanded
forthwith to arrest the above-named .............................. and bring
him before me at ................ The arrest may be made either during the day
or at night.

Dated at ..................... ........ this
. ............. day of [ , 19 ..] the month of . of the year

/s/

(Name, rank, branch, organization,

and designation as commanding officer)

2. Fees and mileage allowed for the service of warrants
must be the same as are provided by law for the service of criminal process and
must be paid out of money appropriated to the office of the military, upon
proper application therefor.

Sec. 43. NRS 463.313 is
hereby amended to read as follows:

463.313 1. At all hearings before the commission other
than investigative hearings:

(a) Oral evidence may be taken only upon oath or
affirmation administered by the commission.

(b) Every party has the right to:

(1) Call and examine witnesses;

(2) Introduce exhibits relevant to the issues of the
case, including the transcript of testimony at any investigative hearing
conducted by or on behalf of the board or the commission;

(3) Cross-examine opposing witnesses on any matters
relevant to the issues of the case, even though the matter was not covered in a
direct examination;

(4) Impeach any witness regardless of which party first
called him to testify; and

(c) If the respondent does not testify in his own behalf,
he may be called and examined as if under cross-examination.

(d) The hearing need not be conducted according to
technical rules relating to evidence and witnesses. Any relevant evidence may
be admitted and is sufficient in itself to support a finding if it is the sort
of evidence on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law or statutory
rule which might make improper the admission of such evidence over objection in
a civil action.

(e) The parties or their counsel may by written stipulation
agree that certain specified evidence may be admitted even though such evidence
might otherwise be subject to objection.

2. The commission may take official notice of any
generally accepted information or technical or scientific matter within the
field of gaming, and of any other fact which may be judicially noticed by the
courts of this state. The parties must be informed of any information, matters
or facts so noticed, and must be given a reasonable opportunity, on request, to
refute such information, matters or facts by evidence or by written or oral
presentation of authorities, the manner of such refutation to be determined by
the commission.

3. Affidavits may be received in evidence at any hearing
of the commission in accordance with the following:

(a) The party wishing to use an affidavit must, not less
than 10 days before the day set for hearing, serve upon the opposing party or
counsel, either personally or by registered or certified mail, a copy of the
affidavit which he proposes to introduce in evidence together with a notice as
provided in paragraph (c).

(b) Unless the opposing party, within 7 days after such
service, mails or delivers to the proponent a request to cross-examine the
affiant, his right to cross-examine the affiant is waived and the affidavit, if
introduced in evidence, must be given the same effect as if the affiant had
testified orally. If an opportunity to cross-examine an affiant is not afforded
after request therefor is made in accordance with this paragraph, the affidavit
may be introduced in evidence, but must be given only the same effect as other
hearsay evidence.

(c) The notice referred to in paragraph (a) must be
substantially in the following form:

The accompanying affidavit of (here insert name of affiant)
will be introduced as evidence at the hearing set for the ........ day of [ ,
19 ..] the
month of . of the year (Here insert name of affiant) will
not be called to testify orally and you will not be entitled to question him
unless you notify the undersigned that you wish to cross-examine him. To be
effective your request must be mailed or delivered to the undersigned on or
before 7 days from the date this notice and the enclosed affidavit are served
upon you.

463A.090 1. The commission shall determine the time and
place of the hearing as soon as is reasonably practical after receiving the
respondents notice of defense. The commission shall deliver or send a notice
of hearing by registered or certified mail to all parties at least 10 days
prior to the hearing. Unless the respondent consents, the hearing shall not be
held prior to the expiration of the time within which the respondent is
entitled to file a notice of defense.

2. The notice of hearing shall be substantially in the
following form, but may include other information:

You Are Hereby Notified that a hearing will be held before
the Nevada gaming commission at (here insert place of hearing) on the
.......... day of [ , 19 .,] the month of . of the year , at the hour
of ................, upon the charges made in the statement of reasons served
upon you. You may be present at the hearing and may be, but need not be,
represented by counsel. You may present any relevant evidence, and you will be
given full opportunity to cross-examine all witnesses testifying against you.
You are entitled to the issuance of subpoenas to compel the attendance of
witnesses and the production of books, documents, or other things by applying
to the Nevada gaming commission.

Sec. 45. NRS 463A.100 is
hereby amended to read as follows:

463A.100 1. Before a hearing before the commission, and
during a hearing upon reasonable cause shown, the commission shall issue
subpoenas and subpoenas duces tecum at the request of a party. All witnesses
appearing pursuant to subpoena, other than parties, officers or employees of
the State of Nevada or any political subdivision thereof, are entitled to fees
and mileage in the same amounts and under the same circumstances as provided by
law for witnesses in civil actions in the district courts. Witnesses entitled
to fees or mileage who attend hearings at points so far removed from their
residences as to prohibit return thereto from day to day are entitled, in
addition to witness fees and in lieu of mileage, to the per diem compensation
for subsistence and transportation authorized for state officers and employees
for each day of actual attendance and for each day necessarily occupied in
traveling to and from the hearings. Fees, subsistence and transportation
expenses must be paid by the party at whose request the witness is subpoenaed.
The commission may, in its discretion, award as costs the amount of all such
expenses to the prevailing party.

2. The testimony of any material witness residing within
or without the State of Nevada may be taken by deposition in the manner
provided by the Nevada Rules of Civil Procedure.

3. Affidavits may be received in evidence at any hearing
of the commission in accordance with the following:

(a) The party wishing to use an affidavit shall, not less
than 10 days prior to the day set for hearing, serve upon the opposing party or
counsel, either personally or by registered or certified mail, a copy of the
affidavit which he proposes to introduce in evidence together with a notice as
provided in paragraph (c).

(b) Unless the opposing party, within 7 days after such
service, mails or delivers to the proponent a request to cross-examine affiant
his right to cross-examine the affiant is waived and the
affidavit, if introduced in evidence, must be given the same effect as if the
affiant had testified orally.

examine the affiant is waived and the affidavit, if
introduced in evidence, must be given the same effect as if the affiant had
testified orally. If an opportunity to cross-examine an affiant is not afforded
after request therefor is made in accordance herewith, the affidavit may be
introduced in evidence, but must be given only the same effect as other hearsay
evidence.

(c) The notice referred to in paragraph (a) must be
substantially in the following form:

The accompanying affidavit of (here insert name of affiant)
will be introduced as evidence at the hearing set for the .......... day of [ ,
19 ..] the
month of . of the year . (Here insert name of affiant) will
not be called to testify orally and you will not be entitled to question him
unless you notify the undersigned that you wish to cross-examine him. To be
effective your request must be mailed or delivered to the undersigned on or
before 7 days from the date this notice and the enclosed affidavit are served
upon you.

217.4501. The commission on
mental health and developmental services shall advise the administrator of the
division concerning the award of grants from the account for aid for victims of
domestic violence.

2. The administrator of the division shall give priority
to those applications for grants from the account for aid for victims of domestic
violence submitted by organizations which offer the broadest range of services
for the least cost within one or more counties. The administrator shall not
approve the use of money from a grant to acquire any buildings.

3. The administrator of the division has the final
authority to approve or deny an application for a grant. The administrator
shall notify each applicant in writing of the action taken on its application
within 45 days after the deadline for filing the application.

4. In determining the amount of money to be allocated for
grants, the administrator of the division shall use the following formula:

(a) A basic allocation of $7,000 must be made [to
provide services for residents of]for each county whose population is less than
100,000. For counties whose population is 100,000 or more, the basic allocation
is $35,000. These allocations must be increased or decreased for each fiscal
year ending after June 30, 1990, by the same percentage that the amount
deposited in the account during the preceding fiscal year, pursuant to NRS
122.060, is greater or less than the sum of $791,000.

(b) Any additional revenue available in the account must be
allocated to grants, on a per capita basis, for all counties whose population
is 14,000 or more.

(c) Money remaining in the account after disbursement of
grants does not revert and may be awarded in a subsequent year.

34.7451. If a petition
challenges the validity of a judgment of conviction or sentence and is the
first petition filed by the petitioner, the judge or justice shall order the [respondent]district attorney or the attorney
general, whichever is appropriate, to:

(a) File:

(1) A response or an answer to the petition; and

(2) [A]If an evidentiary hearing is required pursuant to NRS
34.770, a return,

within 45 days or a longer period fixed by the judge or
justice; or

(b) Take [such] other action [as]that the judge or justice
deems appropriate.

2. If a
petition challenges the computation of time that the petitioner has served
pursuant to a judgment of conviction, the judge or justice shall order the
attorney general to:

3. An
order entered pursuant to subsection 1 or 2 must be in substantially the following
form, with appropriate modifications if the order is entered by a justice of
the supreme court:

Case No. ....................................................

Dept. No. ...................................................

IN THE .................. JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

......................................................

Petitioner,

v. ORDER

......................................................

Respondent.

Petitioner filed a petition for a writ of habeas corpus on [............,
19....]
(month) ...(day), (year). The court has reviewed the
petition and has determined that a response would assist the court in
determining whether petitioner is illegally imprisoned and restrained of his
liberty. Respondent shall, within 45 days after the date of this order, answer
or otherwise respond to the petition and file a return in accordance with the
provisions of NRS 34.360 to 34.830, inclusive.

Dated [ , 19....] (month) ...(day), (year)

District Judge

A copy of the order must be served on the petitioner or his
counsel, the respondent, the attorney general and the district attorney of the
county in which the petitioner was convicted.

[3.] 4. If the petition is a second or successive
petition challenging the validity of a judgment of conviction or sentence[,]
and if it plainly appears from the face of the petition or an amended petition
and [any] documents and exhibits that are annexed to it, or
from [any of the] records of the court[,]
that the petitioner is not entitled to relief[,]based on any of the grounds set forth in
subsection 2 of NRS 34.810, the judge or justice shall enter an
order for its summary dismissal and cause the petitioner to be notified of the
entry of the order.

[4.] 5. If the judge or justice relies on the
records of the court in entering an order pursuant to this section, those
records must be made a part of the record of the proceeding before entry of the
order.

366.2211. Except as otherwise
provided in subsection 2, [no] a special fuel users license [may
be] is not
required of the following classes of special fuel users:

(a) Operators of motor vehicles who make occasional trips
into this state for service or repair.

(b) Operators of house coaches as defined in NRS 484.067.

(c) Operators of motor vehicles having a declared gross
weight of 26,000 pounds or less.

(d) Operators of unladen motor vehicles purchased in this
state for the trip from the point of delivery to the state boundary.

(e) Operators of motor vehicles who make occasional trips
into or across this state for nonprofit or eleemosynary purposes.

[(f) Operators of motor vehicles used in the production of
motion pictures, including films to be shown in theaters and on television,
industrial, training and educational films, commercials for television and
video discs and tapes.

(g) Private
motor carriers of property which is used for any convention, show, exhibition,
sporting event, carnival, circus or organized recreational activity.

(h) A private
motor carrier of property which is used to attend livestock shows or sales.]

2. A person otherwise exempt pursuant to subsection 1 who
does not purchase special fuel in this state in an amount commensurate with his
consumption of special fuel in the propulsion of motor vehicles on the highways
of this state shall secure a special fuel users license.

[3. As used in this section, private motor carrier of
property has the meaning ascribed to it in NRS 706.111.]

616D.200 1. If the administrator finds that an employer
within the provisions of NRS 616B.633 has failed to provide and secure
compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or
that the employer has provided and secured that compensation but has failed to
maintain it, he shall make a determination thereon and may charge the employer
an amount equal to the sum of:

(a) The premiums that would otherwise have been owed to the
system or a private carrier pursuant to the terms of chapters 616A to 616D,
inclusive, or chapter 617 of
NRS for the period that the employer was doing business in this state without
providing, securing or maintaining that compensation, but not to exceed 6
years; and

(b) Interest at a rate determined pursuant to NRS 17.130
computed from the time that the premiums should have been paid.

The money collected pursuant to this subsection must be paid
into the uninsured employers claim fund.

2. The administrator shall deliver a copy of his
determination to the employer. An employer who is aggrieved by the
determination of the administrator may appeal from the
determination pursuant to subsection 2 of NRS 616D.220.

354.598111. Except as otherwise provided in NRS [350.087,]
354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265
and 543.600 and section 1 of [this act,]Assembly Bill No. 275 of this session, for
each fiscal year beginning on or after July 1, 1989, the maximum amount of
money that a local government, except a school district, a district to provide
a telephone number for emergencies, or a redevelopment agency, may receive from
taxes ad valorem, other than those attributable to the net proceeds of minerals
or those levied for the payment of bonded indebtedness and interest thereon
incurred as [a general or medium-term obligation]general long-term debt of
the issuer, or for the payment of obligations issued to pay the cost of a water
project pursuant to NRS 349.950, or for the payment of obligations under a
capital lease executed before April 30, 1981, must be calculated as follows:

[1.] (a) The rate must be set so that when applied
to the current fiscal years assessed valuation of all property which was on
the preceding fiscal years assessment roll, together with the assessed
valuation of property on the central assessment roll which was allocated to the
local government, but excluding any assessed valuation attributable to the net
proceeds of minerals, assessed valuation attributable to a redevelopment area
and assessed valuation of a fire protection district attributable to real property
which is transferred from private ownership to public ownership for the purpose
of conservation, it will produce 106 percent of the maximum revenue allowable
from taxes ad valorem for the preceding fiscal year, except that the rate so
determined must not be less than the rate allowed for the previous fiscal year,
except for any decrease attributable to the imposition of a tax pursuant to NRS
354.59813 in the previous year.

[2.] (b) This rate must then be applied to the
total assessed valuation, excluding the assessed valuation attributable to the
net proceeds of minerals and the assessed valuation of a fire protection
district attributable to real property which is transferred from private
ownership to public ownership for the purpose of conservation but including new
real property, possessory interests and mobile homes, for the current fiscal
year to determine the allowed revenue from taxes ad valorem for the local
government.

354.598111. Except as otherwise
provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705,
450.425, 540A.265 and 543.600 , [and]
section 1 of Assembly Bill No. 275 of this session[,]and section 2 of this act, for
each fiscal year beginning on or after July 1, 1989, the maximum amount of
money that a local government, except a school district, a district to provide
a telephone number for emergencies, or a redevelopment agency, may receive from
taxes ad valorem, other than those attributable to the net proceeds of minerals
or those levied for the payment of bonded indebtedness and interest thereon
incurred as general long-term debt of the issuer, or for the payment of
obligations issued to pay the cost of a water project pursuant to NRS 349.950,
or for the payment of obligations under a capital lease executed before April
30, 1981, must be calculated as follows:

(a) The rate must be set so that when applied to the
current fiscal years assessed valuation of all property which was on the
preceding fiscal years assessment roll, together with the assessed valuation
of property on the central assessment roll which was allocated to the local
government, but excluding any assessed valuation attributable to the net
proceeds of minerals, assessed valuation attributable to a redevelopment area
and assessed valuation of a fire protection district attributable to real
property which is transferred from private ownership to public ownership for
the purpose of conservation, it will produce 106 percent of the maximum revenue
allowable from taxes ad valorem for the preceding fiscal year, except that the
rate so determined must not be less than the rate allowed for the previous fiscal
year, except for any decrease attributable to the imposition of a tax pursuant
to NRS 354.59813 in the previous year.

(b) This rate must then be applied to the total assessed
valuation, excluding the assessed valuation attributable to the net proceeds of
minerals and the assessed valuation of a fire protection district attributable
to real property which is transferred from private ownership to public
ownership for the purpose of conservation but including new real property,
possessory interests and mobile homes, for the current fiscal year to determine
the allowed revenue from taxes ad valorem for the local government.

2. As used in this section, general long-term debt does
not include debt created for medium-term obligations pursuant to NRS 350.085 to
350.095, inclusive.

Sec. 35. 1. A
security interest in investment property, deposit accounts, letter-of-credit
rights, or electronic chattel paper may be perfected by control of the
collateral under section 5, 6, 7 or 8 of this act.

2. A security
interest in deposit accounts, electronic chattel paper, or letter-of-credit
rights is perfected by control under section 5, 6 or 8 of this act when the
secured party obtains control and remains perfected by control only while the
secured party retains control.

3. A security
interest in investment property is perfected by control under section 7 of this
act from the time the secured party obtains control and remains perfected by
control until:

(a) The
secured party does not have control; and

(b) One of the
following occurs:

(1) If the
collateral is a certificated security, the debtor has or acquires possession of
the security certificate;

(2) If the
collateral is an uncertificated security, the issuer has registered or
registers the debtor as the registered owner; or

(3) If the
collateral is a security entitlement, the debtor is or becomes the entitlement
holder.

Sec. 64. 1. Except
as otherwise provided in subsection 2 and sections 69, 70, 71 and 72 of this
act, whether a debtors rights in collateral may be voluntarily or
involuntarily transferred is governed by law other than this article.

2. An
agreement between the debtor and secured party which prohibits a transfer of
the debtors rights in collateral or makes the transfer a default does not
prevent the transfer from taking effect.

Sec. 131. 1. If
action, other than the filing of a financing statement, is taken before July 1,
2001, and the action would have resulted in priority of a security interest
over the rights of a person that becomes a lien creditor had the security
interest become enforceable before that date, the action is effective to perfect
a security interest that attaches under this article as amended within 1 year
after that date. An attached security interest becomes unperfected 1 year after
July 1, 2001, unless the security interest becomes a perfected security
interest under this article as amended before the expiration of that period.

2. The filing
of a financing statement before July 1, 2001, is effective to perfect a
security interest to the extent the filing would satisfy the applicable
requirements for perfection under this article as amended.

3. This
article as amended does not render ineffective an effective financing statement
that was filed before July 1, 2001, and satisfied the applicable requirements
for perfection under the law of the jurisdiction governing perfection as provided
in section 4 of this act as that section read at the time of filing. However,
except as otherwise provided in subsections 4 and 5 and section 132 of this
act, the financing statement ceases to be effective at the earlier of:

(a) The time
the financing statement would have ceased to be effective under the law of the
jurisdiction in which it is filed; or

4. The filing
of a continuation statement on or after July 1, 2001, does not continue the
effectiveness of the financing statement filed before that date. However, upon
the timely filing of a continuation statement after that date and in accordance
with the law of the jurisdiction governing perfection as provided in Part 3,
the effectiveness of a financing statement filed in the same office in that
jurisdiction before that date continues for the period provided by the law of
that jurisdiction.

5. Paragraph
(b) of subsection 3 applies to a financing statement that was filed against a
transmitting utility before July 1, 2001, and satisfied the applicable
requirements for perfection under the law of the jurisdiction governing
perfection as provided in section 4 of this act as that section read at the
time of filing only to the extent that Part 3 provides that the law of a
jurisdiction other than jurisdiction in which the financing statement is filed
governs perfection of a security interest in collateral covered by the
financing statement.

6. A
financing statement that includes a financing statement filed before July 1,
2001, and a continuation statement filed after that date are effective only to
the extent that the financing statement satisfies the requirements of Part 5
for an initial financing statement.

41.0338As used in NRS 41.0339 to 41.0349, inclusive, and sections 2, 3 and 4 of this act, unless
the context otherwise requires, official attorney means:

1. The attorney general, in an action which involves a
present or former legislator, officer or employee of this state, immune
contractor or member of a state board or commission.

2. The chief legal officer or other authorized legal
representative of a political subdivision, in an action which involves a
present or former officer or employee of that political subdivision or a
present or former member of a local board or commission.

Sec. 8. 1. This
section and section 4.1 of this act
[becomes]become effective on June 30, 1999.

2. Sections 1
to 4, inclusive, 5, 6 and 7 of this act become effective on July
1, 1999 , and [expires]expire by limitation
on June 30, 2001.

1. The attorney general, in an action which involves a
present or former legislator, officer or employee of this state, immune
contractor or member of a state board or commission.

2. The chief legal officer or other authorized legal
representative of a political subdivision, in an action which involves a
present or former officer or employee of that political subdivision or a
present or former member of a local board or commission.

278.4641. Except as otherwise
provided in subsection 2, if there is a planning commission, it shall:

(a) In a county whose population is 40,000 or more, within
45 days; or

(b) In a county whose population is less than 40,000,
within 60 days,

after accepting as a complete application a parcel map,
recommend approval, conditional approval or disapproval of the map in a written
report. The planning commission shall submit the parcel map and the written
report to the governing body.

2. If the governing body has authorized the planning
commission to take final action on a parcel map, the planning commission shall:

(a) In a county whose population is 40,000 or more, within
45 days; or

(b) In a county whose population is less than 40,000,
within 60 days,

after accepting as a complete application the parcel map,
approve, conditionally approve or disapprove the map. It shall file its written
decision with the governing body. Unless the time is extended by mutual
agreement, if the planning commission is authorized to take final action and it
fails to take action within the period specified in this subsection, the parcel
map shall be deemed approved.

3. If there is no planning commission or if the governing
body has not authorized the planning commission to take final action, the
governing body or, by authorization of the governing body, the director of
planning or other authorized person or agency shall:

(a) In a county whose population is 40,000 or more, within
45 days; or

(b) In a county whose population is less than 40,000,
within 60 days,

after acceptance of the parcel map as a complete application
by the governing body pursuant to subsection 1 or pursuant to subsection 2 of
NRS 278.461, review and approve, conditionally approve or disapprove the parcel
map. Unless the time is extended by mutual agreement, if the governing body,
the director of planning or other authorized person or agency fails to take
action within the period specified in this subsection, the parcel map shall be
deemed approved.

4. Except as otherwise provided in NRS 278.463, if unusual
circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the
requirement for a parcel map.

governing body, the planning commission may waive the
requirement for a parcel map. Before waiving the requirement for a parcel map,
a determination must be made by the county surveyor, city surveyor or
professional land surveyor appointed by the governing body that a survey is not
required. Unless the time is extended by mutual agreement, a request for a
waiver must be acted upon:

(a) In a county whose population is 40,000 or more, within
45 days; or

(b) In a county whose population is less than 40,000,
within 60 days,

after the date of the request for the waiver, or, in the
absence of action, the waiver shall be deemed approved.

5. A governing body may consider or may, by ordinance,
authorize the consideration of the criteria set forth in subsection 3 of NRS
278.349 in determining whether to approve, conditionally approve or disapprove
a second or subsequent parcel map for land that has been divided by a parcel
map which was recorded within the 5 years immediately preceding the acceptance
of the second or subsequent parcel map as a complete application.

6. An applicant or other person aggrieved by a decision of
the governing bodys authorized representative or by a final act of the
planning commission may appeal to the governing body within a reasonable period
to be determined, by ordinance, by the governing body. The governing body shall
render its decision:

(a) In a county whose population is 40,000 or more, within
45 days; or

(b) In a county whose population is less than 40,000,
within 60 days,

after the date the appeal is filed.

7. If a parcel map and the associated division of land are
approved or deemed approved pursuant to this section, the approval must be
noted on the map in the form of a certificate attached thereto and executed by
the clerk of the governing body, the governing bodys designated representative
or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this
subsection must indicate, if applicable, that the governing body or planning
commission determined that a public street, easement or utility easement which
will not remain in effect after a merger and resubdivision of parcels conducted
pursuant to section 3 of this act, has been vacated or abandoned in accordance
with NRS 278.480.

Section 1. Chapter 422 of NRS is hereby amended by adding
thereto a new section to read as follows:

1. Except as
otherwise provided in this section, the welfare division shall, to the extent
that it is not prohibited by federal law, recover from a recipient of public
assistance, the estate of the recipient, the undivided estate of a recipient of
Medicaid or a person who signed the application for public assistance on behalf
of the recipient an amount not to exceed the amount of public assistance
incorrectly paid to the recipient, if the person who signed the application:

(a) Failed to
report any required information to the welfare division that the person knew at
the time he signed the application; or

(b) Failed to
report to the welfare division within the period allowed by the welfare
division any required information that the person obtained after he filed the
application.

2. Except as
otherwise provided in this section, a recipient of incorrectly paid public
assistance, the undivided estate of a recipient of Medicaid or a person who
signed the application for public benefits on behalf of the recipient shall
reimburse the division or appropriate state agency for the value of the
incorrectly paid public assistance.

3. The state
welfare administrator or his designee may, to the extent that it is not
prohibited by federal law, determine the amount of, and settle, adjust,
compromise or deny a claim against a recipient of public assistance, the estate
of the recipient, the undivided estate of a recipient of Medicaid or a person
who signed the application for public assistance on behalf of the recipient.

4. The state
welfare administrator may, to the extent that it is not prohibited by federal
law, waive the repayment of public assistance incorrectly paid to a recipient
if the incorrect payment was not the result of an intentional misrepresentation
or omission by the recipient and if repayment would cause an undue hardship to
the recipient. The state welfare administrator shall, by regulation, establish
the terms and conditions of such a waiver, including, without limitation, the
circumstances that constitute undue hardship.

Sec. 57. Sections 1 to 5,
inclusive, and 7 of chapter 177, Statutes of Nevada 1999, at pages 890 to 893,
inclusive, are hereby amended to read respectively as follows:

Section 1. NRS 513.094 is hereby amended to read as
follows:

513.094 1. An additional fee, in an amount established [by the commission for
each claim,]pursuant
to subsection 4, is imposed upon all filings to which NRS 517.185
applies. Each county recorder shall collect and pay over the additional fee,
and the additional fee must be deposited in the same manner as provided in that
section.

2. The administrator shall, within the limits of the money
provided by this fee, establish a program to discover dangerous conditions that
result from mining practices which took place at a mine that is no longer
operating, identify if feasible the owner or other person responsible for the
condition, and rank the conditions found in descending order of danger. The
administrator shall annually during the month of January, or more often if the
danger discovered warrants, inform each board of county commissioners
concerning the dangerous conditions found in the respective counties, including
their degree of danger relative to one another and to those conditions found in
the state as a whole. [The]In addition, the administrator shall [further]
work to educate the public to recognize and avoid those hazards resulting from
mining practices which took place at a mine that is no longer operating.

3. To carry out this program and these duties, the
administrator shall employ a qualified assistant, who must be in the unclassified
service of the state and whose position is in addition to the unclassified
positions otherwise authorized in the division by statute.

4. The commission shall [provide]establish by
regulation:

(a) The fee
required pursuant to subsection 1, in an amount not to exceed $4 per claim.

(b) Standards
for determining the conditions created by the abandonment of a former mine or
its associated works that constitute a danger to persons or animals and for
determining the relative degree of danger. A condition whose existence violates
a federal or state statute or regulation intended to protect public health or
safety is a danger because of that violation.

[(b)] (c) Standards for abating the kinds of
dangers usually found, including, but not limited to, standards for excluding
persons and animals from dangerous open excavations.

Sec. 2. NRS 517.185 is hereby amended to read as follows:

517.185 1. In
addition to any recording fee, each filing pursuant to NRS 517.050, 517.080,
517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a filing fee [for
each claim that is established by the commission on mineral resources.]in an amount established pursuant
to subsection 2. The county recorder shall collect the filing fee and, on or
before the fifth working day of each month, deposit with the county treasurer
all such fees collected during the preceding month. The county treasurer shall
quarterly pay the money collected to the division. The division shall deposit
with the state treasurer, for credit to the account for the division of
minerals created pursuant to NRS 513.103, all money received pursuant to this
section.

2. The
commission on mineral resources shall, by regulation, establish the filing fee
required pursuant to subsection 1 in an amount not to exceed $6 per claim.

Sec. 3. NRS 519A.250 is hereby amended to read as follows:

519A.250 1. An operator who is required by federal law to
file a plan of operation or an amended plan of operation with the United States
Bureau of Land Management or the United States Forest Service for operations
relating to mining or exploration on public land administered by a federal
agency, shall, not later than 30 days after the approval of the plan or amended
plan, provide the division of minerals of the commission on mineral resources
with a copy of the filing and pay to the division of minerals a fee in an amount established [by
the commission on mineral resources]pursuant to subsection 5 for each acre or part
of an acre of land to be disturbed by mining included in the plan or
incremental acres to be disturbed pursuant to an amended plan.

2. The division of minerals shall adopt by regulation a
method of refunding a portion of the fee required by this section if a plan of
operation is amended to reduce the number of acres or part of an acre to be
disturbed pursuant to the amended plan. The refund must be based on the reduced
number of acres or part of an acre to be disturbed.

3. All money received by the division of minerals pursuant
to subsection 1 must be accounted for separately and used by the division of
minerals to create and administer programs for:

(a) The abatement of hazardous conditions existing at
abandoned mine sites which have been identified and ranked pursuant to the
degree of hazard established by regulations adopted by the division of
minerals; and

(b) The education of the members of the general public
concerning the dangers of the hazardous conditions described in paragraph (a).

All interest and income earned on the money in the account,
after deducting applicable charges, must be deposited in the account for the
division of minerals created pursuant to NRS 513.103.

4. On or before February 1 of each odd-numbered year, the
division of minerals shall file a report with the governor and the legislature
describing its activities, total revenues and expenditures pursuant to this
section.

5. The
commission on mineral resources shall, by regulation, establish the fee
required pursuant to subsection 1 in an amount not to exceed $30 per acre.

Sec. 4. NRS 522.050 is hereby amended to read as follows:

522.050 1. A
person desiring to drill a well in search of oil or gas shall notify the
division of that intent on a form prescribed by the division and shall pay a
fee in an amount established
[by the commission on mineral resources]pursuant to subsection 2 for
a permit for each well. Upon receipt of the notification and fee, the division
shall promptly issue to the person a permit to drill, unless the drilling of
the well is contrary to law or a regulation or order of the division. The
drilling of a well is prohibited until a permit to drill is obtained in
accordance with the provisions of this chapter.

2. The
commission on mineral resources shall, by regulation, establish the fee
required pursuant to subsection 1 in an amount not to exceed $200 per permit.

Sec. 5. NRS 522.150 is hereby amended to read as follows:

522.150 1. Any expenses in connection with Nevadas
affiliation with the Interstate Oil Compact Commission must be paid from the
account for the division of minerals created pursuant to NRS 513.103.

2. To pay the expenses of the division, every producer of
oil or natural gas in this state shall, on or before the last day of each
month, report to the division and the state treasurer his production in this
state of oil in barrels and of natural gas in thousands of cubic feet during
the preceding month, and at the same time shall pay to the division a fee in an amount established [by
the commission on mineral resources for]pursuant to subsection 3 on each
barrel of oil and each 50,000 cubic feet of natural gas produced and marketed
by him during the preceding month. The division shall deposit with the state
treasurer, for credit to the account for the division of minerals, all money
received pursuant to this subsection. Every person purchasing such oil or
natural gas is liable for the payment of the fee for each barrel of oil or each
50,000 cubic feet of natural gas, unless it has been paid by the producer.

3. The
commission on mineral resources shall, by regulation, establish the
administrative fee required pursuant to subsection 2 in an amount not to exceed
20 cents for each barrel of oil or each 50,000 cubic feet of natural gas.

Sec. 7. 1. This
section and section 6 of this act
[becomes]become effective on July 1, 1999.

2. Sections 1
to 5, inclusive, of this act become effective at 12:01 a.m. on July 1, 1999.

Sec. 113. 1. This section and section 100.7 of this act
become effective upon passage and approval.

2. [The]Except as otherwise provided in subsection 3, the remaining
sections of this act become effective on January 1, 2000, for the purposes of
the adoption of regulations by the department of motor vehicles and public
safety and the execution of any other administrative matters necessary to allow
the department to begin collecting the taxes on January 1, 2002, and for all
other purposes on January 1, 2002.

3. Section 93
of this act becomes effective on January 1, 2000, for the purposes of the
adoption of regulations by the department of motor vehicles and public safety
and the execution of any other administrative matters necessary to allow the
department to begin collecting the taxes on January 1, 2002, and for all other
purposes at 12:01 a.m. on January 1, 2002.

373.0401. In counties whose
population is 100,000 or more, the commission must be composed of
representatives selected by the following entities from among their members:

(a) Two by the board.

(b) Two by the governing body of the largest city.

(c) One by the governing body of each additional city in
the county.

2. In counties whose population is less than 100,000, the
commission must be composed of representatives selected as follows:

(a) If the county contains a city:

(1) Two by the board.

(2) One by the governing body of the largest city.

(b) If the county contains no city, the board shall select:

(1) Two members of the board; and

(2) One representative of the public, who is a resident
of the largest town, if any, in the county.

3. In Carson City, the commission must be composed of
representatives selected by the board of supervisors as follows:

(a) Two members of the board of supervisors, one of whom
must be designated by the commission to serve as chairman of the commission.

(b) Three representatives of the city at large.

4. The first representatives must be selected within 30
days after passage of the ordinance creating the commission, and, except as
otherwise provided in subsections 5 [and 6,] , 6 and 7, must serve
until the next ensuing December 31 of an even-numbered year. The representative
of any city incorporated after passage of the ordinance must be selected within
30 days after the first meeting of the governing body, and, except as otherwise
provided in subsection [6,] 7, must serve until the next ensuing December
31 of an even-numbered year. Their successors must serve for terms of 2 years,
and vacancies must be filled for the unexpired term.

5. In Carson City:

(a) One representative of the commission who is a member of
the board of supervisors and one representative of the commission who is a representative of the city at large must serve until the next
ensuing December 31 of an even-numbered year; and

representative of the city at large must serve until the next
ensuing December 31 of an even-numbered year; and

(b) One representative of the commission who is a member of
the board of supervisors and two representatives of the commission who are
representatives of the city at large must serve until the next ensuing December
31 of an odd-numbered year.

6. In
counties whose population is 100,000 or more, but less than 400,000:

(a) One
representative selected by the board and one representative selected by the
governing body of the largest city in the county must serve until the next
ensuing December 31 of an even-numbered year; and

(b) One
representative selected by the board and one representative selected by the
governing body of the largest city in the county must serve until the next
ensuing December 31 of an odd-numbered year.

7. In
counties whose population is 400,000 or more, the first representatives and the
representative of any city incorporated after passage of the ordinance must
serve until the next ensuing June 30 of an odd-numbered year.

360.6901. Except as otherwise
provided in NRS 360.730, the executive director shall estimate monthly the amount
each local government, special district and enterprise district will receive
from the account pursuant to the provisions of this section.

2. The executive director shall establish a base monthly
allocation for each local government, special district and enterprise district
by dividing the amount determined pursuant to NRS 360.680 for each local
government, special district and enterprise district by 12 and the state
treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit
monthly that amount to each local government, special district and enterprise
district.

3. If, after making the allocation to each enterprise
district for the month, the executive director determines there is not
sufficient money available in the countys subaccount in the account to
allocate to each local government and special district the base monthly
allocation determined pursuant to subsection 2, he shall prorate the money in
the countys subaccount and allocate to each local government and special
district an amount equal to the percentage of the amount that the local
government or special district received from the total amount which was
distributed to all local governments and special districts within the county
for the fiscal year immediately preceding the year in which the allocation is
made. The state treasurer shall remit that amount to the local government or
special district.

4. Except as otherwise provided in subsection 5, if the
executive director determines that there is money remaining in the countys
subaccount in the account after the base monthly allocation determined pursuant
to subsection 2 has been allocated to each local government, special district
and enterprise district, he shall immediately determine and allocate each:

(1) Multiplying one-twelfth of the amount allocated
pursuant to NRS 360.680 by one plus the sum of the:

(I) Percentage change in the population of the
local government for the fiscal year immediately preceding the year in which
the allocation is made, as certified by the governor pursuant to NRS 360.285
except as otherwise provided in subsection 6; and

(II) Average percentage of change in the assessed valuation of the taxable property in
the local government, [except any]including assessed valuation attributable to a redevelopment agency
but excluding the portion attributable to the net proceeds of
minerals, over the year in which the allocation is made, as projected by the
department pursuant to NRS 361.390, and the 4 fiscal years immediately
preceding the year in which the allocation is made; and

(2) Using the figure calculated pursuant to
subparagraph (1) to calculate and allocate to each local government an amount
equal to the proportion that the figure calculated pursuant to subparagraph (1)
bears to the total amount of the figures calculated pursuant to subparagraph
(1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for
the local governments and special districts located in the same county
multiplied by the total amount available in the subaccount; and

(b) Special districts share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated
pursuant to NRS 360.680 by one plus the average change in the assessed
valuation of the taxable
property in the special district, [except any]including assessed
valuation attributable to a
redevelopment agency but excluding the portion attributable to
the net proceeds of minerals, over the 5 fiscal years immediately preceding the
year in which the allocation is made; and

(2) Using the figure calculated pursuant to
subparagraph (1) to calculate and allocate to each special district an amount
equal to the proportion that the figure calculated pursuant to subparagraph (1)
bears to the total amount of the figures calculated pursuant to subparagraph
(1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for
the local governments and special districts located in the same county
multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each
local government or special district pursuant to this subsection.

5. The executive director shall not allocate any amount to
a local government or special district pursuant to subsection 4, unless the
amount distributed and allocated to each of the local governments and special
districts in the county in each preceding month of the fiscal year in which the
allocation is to be made was at least equal to the base monthly allocation
determined pursuant to subsection 2. If the amounts distributed to the local governments
and special districts in the county for the preceding months of the fiscal year
in which the allocation is to be made were less than the base monthly
allocation determined pursuant to subsection 2 and the executive director
determines there is money remaining in the countys subaccount in the account
after the distribution for the month has been made, he shall:

(a) Determine the amount by which the base monthly
allocations determined pursuant to subsection 2 for each local government and
special district in the county for the preceding months of the fiscal year in
which the allocation is to be made exceeds the amounts actually received by the
local governments and special districts in the county for the same period; and

(b) Compare the amount determined pursuant to paragraph (a)
to the amount of money remaining in the countys subaccount in the account to
determine which amount is greater.

If the executive director determines that the amount
determined pursuant to paragraph (a) is greater, he shall allocate the money
remaining in the countys subaccount in the account pursuant to the provisions
of subsection 3. If the executive director determines that the amount of money
remaining in the countys subaccount in the account is greater, he shall first
allocate the money necessary for each local government and special district to
receive the base monthly allocation determined pursuant to subsection 2 and the
state treasurer shall remit that money so allocated. The executive director
shall allocate any additional money in the countys subaccount in the account
pursuant to the provisions of subsection 4.

(a) If the Bureau of the Census of the United States
Department of Commerce issues population totals that conflict with the totals
certified by the governor pursuant to NRS 360.285, be an estimate of the change
in population for the calendar year, based upon the population totals issued by
the Bureau of the Census.

(b) If a new method of determining population is
established pursuant to NRS 360.283, be adjusted in a manner that will result
in the percentage change being based on population determined pursuant to the
new method for both the fiscal year in which the allocation is made and the
fiscal year immediately preceding the year in which the allocation is made.

7. On or before February 15 of each year, the executive
director shall provide to each local government, special district and
enterprise district a preliminary estimate of the revenue it will receive from
the account for that fiscal year.

8. On or before March 15 of each year, the executive
director shall:

(a) Make an estimate of the receipts from each tax included
in the account on an accrual basis for the next fiscal year in accordance with
generally accepted accounting principles, including an estimate for each county
of the receipts from each tax included in the account; and

(b) Provide to each local government, special district and
enterprise district an estimate of the amount that local government, special
district or enterprise district would receive based upon the estimate made
pursuant to paragraph (a) and calculated pursuant to the provisions of this
section.

9. A local government, special district or enterprise
district may use the estimate provided by the executive director pursuant to
subsection 8 in the preparation of its budget.

354.5987471. [For
the purpose of calculating] To calculate the amount to be distributed
pursuant to the provisions of NRS 360.680 and 360.690 from a countys
subaccount in the local government tax distribution account to a local
government, special district or enterprise district after it assumes the
functions of another local government, special district or enterprise district:

(a) Except as otherwise provided in this subsection and
subsection 2, the executive director of the department of taxation shall:

(1) Add the amounts calculated pursuant to subsection 1
or 2 of NRS 360.680 for each local government, special district or enterprise
district and allocate the combined amount to the local government, special
district or enterprise district that assumes the functions; and

(2) If applicable, add the population and average
change in the assessed valuation of the taxable property that would otherwise be allowed to the
local government or special district whose functions are assumed, [except
any]
includingthe assessed
valuation attributable to a
redevelopment agency but excluding the portion attributable to the
net proceeds of minerals, pursuant to subsection 4 of NRS 360.690 to the
population and average change in assessed valuation for the local government,
special district or enterprise district that assumes the functions.

(b) If two or more local governments, special districts or
enterprise districts assume the functions of another local government, special
district or enterprise district, the additional revenue must be divided among
the local governments, special districts or enterprise districts that assume
the functions on the basis of the proportionate costs of the functions assumed.

The Nevada tax commission shall not allow any increase in the
allowed revenue from the taxes contained in the countys subaccount in the
local government tax distribution account if the increase would result in a
decrease in revenue of any local government, special district or enterprise
district in the county that does not assume those functions. If more than one
local government, special district or enterprise district assumes the
functions, the Nevada tax commission shall determine the appropriate amounts
calculated pursuant to subparagraphs (1) and (2) of paragraph (a).

2. If a city disincorporates, the board of county
commissioners of the county in which the city is located must determine the
amount the unincorporated town created by the disincorporation will receive
pursuant to the provisions of NRS 360.600 to 360.740, inclusive.

3. As used in this section:

(a) Enterprise district has the meaning ascribed to it in
NRS 360.620.

445A.8631. The state board of
health shall provide by regulation standards for the certification of
laboratories for the analysis of water pursuant to NRS 445A.800 to 445A.955,
inclusive. An analysis required pursuant to any provision of NRS 445A.800 to
445A.955, inclusive, or required
by a lender as a condition precedent to the transfer of real property must
be performed by a [certified laboratory.] laboratory that is certified in
accordance with the standards adopted by the state board of health pursuant to
this subsection.

2. The certifying officer shall conduct an evaluation at
the site of each laboratory to determine whether the laboratory is using the
methods of analysis required by this section in an acceptable manner, applying
procedures required by regulation for the control of quality and making results
available in a timely manner.

3. For analyses required pursuant to NRS 445A.800 to
445A.955, inclusive, or by a lender as a condition precedent to the transfer of
real property, the methods used must comply with the Federal Act.

4. A laboratory may be certified to perform analyses for
the presence of one or more specified contaminants, or to perform all analyses
required pursuant to NRS 445A.800 to 445A.955, inclusive.

482.5001. Except as otherwise
provided in subsection 2[,] or 3, whenever upon
application any duplicate or substitute certificate of registration, decal or
number plate is issued, the following fees must be paid:

For a certificate of registration..... $5.00

For every substitute number plate or set of plates 5.00

For every duplicate number plate or set of plates 10.00

For every decal displaying a county name
.50

For every other decal ,[(]license plate sticker or
tab[)] 5.00

2. The following fees must be paid for any replacement
plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667,
482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816,
inclusive, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368,
482.3765, 482.377 or 482.378, a fee of $5.

(c) For any souvenir license plate issued pursuant to NRS
482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal
to that established by the director for the issuance of those plates.

3. A fee must
not be charged for a duplicate or substitute decal requested pursuant to
section 1 of this act.

4. The
fees which are paid for duplicate number plates and decals displaying county
names must be deposited with the state treasurer for credit
to the motor vehicle fund and allocated to the department to defray the costs
of duplicating the plates and manufacturing the decals.

credit to the motor vehicle fund and allocated to the
department to defray the costs of duplicating the plates and manufacturing the
decals.

[4.] 5. As used in this section:

(a) Duplicate number plate means a license plate or a set
of license plates issued to a registered owner which repeat the code of a plate
or set of plates previously issued to the owner to maintain his registration
using the same code.

(b) Substitute number plate means a license plate or a
set of license plates issued in place of a previously issued and unexpired
plate or set of plates. The plate or set of plates does not repeat the code of
the previously issued plate or set.

Sec. 4. 1. This section and sections 3, 3.1 and 3.2 of this act become effective on September 30,
1999.

2. Sections 1
and 2 of this act become effective on October 1, 1999.

[2. Section 3 of this act becomes effective at 12:01 a.m. on
October 1, 1999.]

2. Chapter 280, Statutes of Nevada
1999, at page 1174, is hereby amended by adding thereto new sections to be
designated as sections 3.1 and 3.2, immediately following section 3, to read
respectively as follows:

482.5001. Except as otherwise
provided in subsection 2 or 3, whenever upon application any duplicate or
substitute certificate of registration, decal or number plate is issued, the
following fees must be paid:

For a certificate of registration............................................................................................................................... $5.00

For every substitute number plate
or set of plates................................................................................................ 5.00

For every duplicate number plate
or set of plates............................................................................................... 10.00

For every decal displaying a
county name..............................................................................................................
.50

For every other decal, license
plate sticker or tab.................................................................................................. 5.00

2. The following fees must be paid for any replacement
plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667,
482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816,
inclusive, and section 1 of this
act, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368,
482.3765, 482.377 or 482.378, a fee of $5.

(c) For any souvenir license plate issued pursuant to NRS
482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal
to that established by the director for the issuance of those plates.

3. A fee must not be charged for a duplicate or substitute
decal requested pursuant to section 1 of [this act.] Senate Bill No. 379 of this session.

4. The fees which are paid for duplicate number plates and
decals displaying county names must be deposited with the state treasurer for
credit to the motor vehicle fund and allocated to the department to defray the
costs of duplicating the plates and manufacturing the decals.

(a) Duplicate number plate means a license plate or a set
of license plates issued to a registered owner which repeat the code of a plate
or set of plates previously issued to the owner to maintain his registration
using the same code.

(b) Substitute number plate means a license plate or a
set of license plates issued in place of a previously issued and unexpired
plate or set of plates. The plate or set of plates does not repeat the code of
the previously issued plate or set.

482.5001. Except as otherwise
provided in subsection 2 or 3, whenever upon application any duplicate or
substitute certificate of registration, decal or number plate is issued, the
following fees must be paid:

For a certificate of registration..... $5.00

For every substitute number plate or set of plates 5.00

For every duplicate number plate or set of plates 10.00

For every decal displaying a county name
.50

For every other decal, license plate sticker or tab 5.00

2. The following fees must be paid for any replacement
plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667,
482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816,
inclusive, [and]section 1 of Senate Bill No. 204 of this session and
section 2 ofthis act, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368,
482.3765, 482.377 or 482.378, a fee of $5.

(c) For any souvenir license plate issued pursuant to NRS
482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal
to that established by the director for the issuance of those plates.

3. A fee must not be charged for a duplicate or substitute
decal requested pursuant to section 1 of Senate Bill No. 379 of this session.

4. The fees which are paid for duplicate number plates and
decals displaying county names must be deposited with the state treasurer for
credit to the motor vehicle fund and allocated to the department to defray the
costs of duplicating the plates and manufacturing the decals.

5. As used in this section:

(a) Duplicate number plate means a license plate or a set
of license plates issued to a registered owner which repeat the code of a plate
or set of plates previously issued to the owner to maintain his registration
using the same code.

(b) Substitute number plate means a license plate or a
set of license plates issued in place of a previously issued and unexpired
plate or set of plates. The plate or set of plates does not repeat the code of
the previously issued plate or set.

176.1351. Except as otherwise
provided in this section[,] and section 3 of this act,
the division shall make a presentence investigation and report to the court on
each defendant who pleads guilty, guilty but mentally ill or nolo contendere to
or is found guilty of a felony.

2. If a defendant is convicted of a felony that is a
sexual offense, the presentence investigation and report:

(a) Must be made before the imposition of sentence or the
granting of probation; and

(b) If the sexual offense is an offense for which the
suspension of sentence or the granting of probation is permitted, must include
a psychosexual evaluation of the defendant.

3. If a defendant is convicted of a felony other than a
sexual offense, the presentence investigation and report must be made before
the imposition of sentence or the granting of probation unless:

(a) A sentence is fixed by a jury; or

(b) Such an investigation and report on the defendant has
been made by the division within the 5 years immediately preceding the date
initially set for sentencing on the most recent offense.

4. Upon request of the court, the division shall make
presentence investigations and reports on defendants who plead guilty, guilty
but mentally ill or nolo contendere to or are found guilty of gross
misdemeanors.

Sec. 6. NRS 176.145 is hereby amended to read as
follows:

176.1451. The report of [the]any presentence
investigation must contain:

(a) Any prior criminal record of the defendant;

(b) [Such information about his characteristics,]Information concerning the
characteristics of the defendant, his financial condition, the
circumstances affecting his behavior and the circumstances of [the
offense, as]his
offense that may be helpful in imposing sentence, in granting
probation or in the correctional treatment of the defendant;

(c) Information concerning the effect that the [crime]offense committed by
the defendant has had upon the victim, including, [but not limited to,]without limitation, any
physical or psychological harm or financial loss suffered by the victim, to the
extent that such information is available from the victim or other sources, but
the provisions of this paragraph do not require any particular examination or
testing of the victim, and the extent of any investigation or examination is
solely at the discretion of the court or the division and the extent of the
information to be included in the report is solely at the discretion of the
division;

(d) Information concerning whether the defendant has an
obligation for the support of a child, and if so, whether he is in arrears in
payment on that obligation;

(e) Data or information concerning reports and
investigations thereof made pursuant to chapter 432B of NRS that relate to the
defendant and are made available pursuant to NRS 432B.290;

(f) The results of the evaluation of the defendant
conducted pursuant to NRS 484.3796, if such an evaluation is required pursuant
to that section;

(g) A recommendation of a minimum term and a maximum term
of imprisonment or other term of imprisonment authorized by statute, or a fine,
or both;

(h) A recommendation, if the division deems it appropriate,
that the defendant undergo a program of regimental discipline pursuant to NRS
176A.780;

(i) A written report of the results of a psychosexual
evaluation of the defendant, if such an evaluation is required pursuant to NRS
176.139; and

(j) Such other information as may be required by the court.

2. The division may include in the report [such]any additional
information [as]that it believes [will]may be helpful in
imposing a sentence, in granting probation or in correctional treatment.

Sec. 9. NRS 176.335 is hereby amended to read as
follows:

176.3351. If a judgment is for
imprisonment in the state prison, the sheriff of the county shall, on receipt
of the triplicate certified copies of the judgment of conviction, immediately
notify the director of the department of prisons and the director shall,
without delay, send some authorized person to the county where the prisoner is
held for commitment to receive the prisoner.

2. When such an authorized person presents to the sheriff
holding the prisoner his order for the delivery of the prisoner, the sheriff
shall deliver to the authorized person two of the certified copies of the
judgment of conviction and a copy of the report of the presentence investigation or general investigation, as
appropriate, if required pursuant to NRS 176.159, and take from
the person a receipt for the prisoner, and the sheriff shall make return upon
his certified copy of the judgment of conviction, showing his proceedings thereunder,
and both that copy with the return affixed thereto and the receipt from the
authorized person must be filed with the county clerk.

3. The term of imprisonment designated in the judgment of
conviction must begin on the date of sentence of the prisoner by the court.

4. Upon the expiration of the term of imprisonment of the
prisoner, or the termination thereof for any legal reason, the director of the
department of prisons shall return one of his certified copies of the judgment
of conviction to the county clerk of the county from whence it was issued, with
a brief report of his proceedings thereunder endorsed thereon, and the endorsed
copy must be filed with the county clerk. The return must show the cause of the
termination of such imprisonment, whether by death, legal discharge or
otherwise.

2. The division, in consultation with the health districts
created pursuant to NRS 439.370, the health division of the department of human
resources and the division of industrial relations of the department of
business and industry, shall regularly examine the sources of information
available to it with regard to potentially highly hazardous substances. The
division shall, by regulation, add to the list of highly hazardous substances
any chemical that is identified as being used, manufactured, stored, or capable
of being produced, at a facility, in sufficient quantities at a single site,
that its release into the environment would produce a significant likelihood
that persons exposed would suffer death or substantial bodily harm as a
consequence of the exposure.

361.3201. At the regular
session of the Nevada tax commission commencing on the first Monday in October
of each year, the Nevada tax commission shall establish the valuation for
assessment purposes of any property of an interstate [and]or intercounty
nature[,
which must in any event include the property]used directly in the operation of
all interstate or intercounty railroad, sleeping car, private car, [street
railway, traction, telegraph,]natural gas transmission and distribution, water,
telephone, scheduled and unscheduled air transport, electric light and power
companies, together with their franchises, and the property and franchises of
all railway express companies operating on any common or contract carrier in
this state. This valuation must not include the value of vehicles as defined in
NRS 371.020.

2. Except as otherwise provided in [subsection] subsections 3 and 6 and NRS 361.323,
the commission shall establish and fix the valuation of the franchise, if any,
and all physical property used directly in the operation of any such business
of any such company in this state, as a collective unit. If the company is
operating in more than one county, on establishing the unit valuation for the
collective property, the commission shall then determine the total aggregate
mileage operated within the state and within its several counties[,]
and apportion the mileage upon a mile-unit valuation basis. The number of miles
apportioned to any county are subject to assessment in that county according to
the mile-unit valuation established by the commission.

3. After establishing the valuation, as a collective unit,
of a public utility which generates, transmits or distributes electricity, the
commission shall segregate the value of any project in this state for the
generation of electricity which is not yet put to use. This value must be
assessed in the county where the project is located and must be taxed at the
same rate as other property.

4. The Nevada tax commission shall adopt formulas[, and cause them to be
incorporated]and
incorporate them in its records, providing the method or methods
pursued in fixing and establishing the taxable value of all franchises and
property assessed by it. The formulas must be adopted and may be changed from
time to time upon its own motion or when made necessary by judicial decisions,
but the formulas must in any event show all the elements of value considered by
the commission in arriving at and fixing the value for any class of property
assessed by it. These formulas must take into account, as indicators of value,
the companys income, stock and debt, and the cost of its assets.

5. If two or more persons perform separate functions that
collectively are needed to deliver electric service to the final customer and
the property used in performing the functions would be centrally assessed if
owned by one person, the Nevada tax commission shall establish its valuation
and apportion the valuation among the several counties in the same manner as
the valuation of other centrally assessed property. The Nevada tax commission
shall determine the proportion of the tax levied upon the property by each
county according to the valuation of the contribution of each person to the
aggregate valuation of the property. This subsection does not apply to [qualified
facilities,]a
qualifying facility, as defined in 18 C.F.R. § 292.101, which [were]was constructed
before July 1, 1997.

6. A company
engaged in a business described in subsection 1 that does not have property of
an interstate or intercounty nature must be assessed as provided in subsection
8.

7. As
used in this section[,
company] :

(a) Company
means any person, company, corporation or association engaged in the business
described.

[7.](b) Commercial mobile radio service has the meaning
ascribed to it in 47 C.F.R. § 20.3 as that section existed on January 1, 1998.

8. All
other property , including,
without limitation, that of any company engaged in providing commercial mobile
radio service, radio or television transmission services or cable television
services, must be assessed by the county assessors, except as
otherwise provided in NRS 361.321 and 362.100 and except that the valuation of
land and mobile homes must be established for assessment purposes by the Nevada
tax commission as provided in NRS 361.325.

[8.] 9. On or before November 1 of each year, the
department shall forward a tax statement to each private car line company based
on the valuation established pursuant to this section and in accordance with
the tax levies of the several districts in each county. The company shall remit
the ad valorem taxes due on or before December 15 to the department which shall
allocate the taxes due each county on a mile-unit basis and remit the taxes to
the counties no later than January 31. The portion of the taxes which is due the
state must be transmitted directly to the state treasurer. A company which
fails to pay the tax within the time required shall pay a penalty of 10 percent
of the tax due or $5,000, whichever is greater, in addition to the tax. Any
amount paid as a penalty must be deposited in the state general fund. The
department may, for good cause shown, waive the payment of a penalty pursuant
to this subsection. As an alternative to any other method of recovering
delinquent taxes provided by this chapter, the attorney general may bring a
civil action in a court of competent jurisdiction to recover delinquent taxes
due pursuant to this subsection in the manner provided in NRS 361.560.

361.3201. At the regular
session of the Nevada tax commission commencing on the first Monday in October
of each year, the Nevada tax commission shall establish the valuation for
assessment purposes of any property of an interstate or intercounty nature used
directly in the operation of all interstate or intercounty railroad, sleeping
car, private car, natural gas transmission and distribution, water, telephone,
scheduled and unscheduled air transport, electric light and power companies, [together
with their franchises,] and the property [and
franchises] of all railway express companies operating on
any common or contract carrier in this state. This valuation must not include
the value of vehicles as defined in NRS 371.020.

2. Except as otherwise provided in subsections 3 and 6 and
NRS 361.323, the commission shall establish and fix the valuation of [the
franchise, if any, and] all physical property used
directly in the operation of any such business of any such company in this
state, as a collective unit. If the company is operating in more than one
county, on establishing the unit valuation for the collective property, the
commission shall then determine the total aggregate mileage operated within the
state and within its several counties and apportion the mileage upon a
mile-unit valuation basis. The number of miles apportioned to any county are
subject to assessment in that county according to the mile-unit valuation
established by the commission.

3. After establishing the valuation, as a collective unit,
of a public utility which generates, transmits or distributes electricity, the
commission shall segregate the value of any project in this state for the
generation of electricity which is not yet put to use. This value must be
assessed in the county where the project is located and must be taxed at the
same rate as other property.

4. The Nevada tax commission shall adopt formulas and
incorporate them in its records, providing the method or methods pursued in
fixing and establishing the taxable value of all [franchises and]
property assessed by it. The formulas must be adopted and may be changed from
time to time upon its own motion or when made necessary by judicial decisions,
but the formulas must in any event show all the elements of value considered by
the commission in arriving at and fixing the value for any class of property
assessed by it. These formulas must take into account, as indicators of value,
the companys income [, stock and debt,] and the cost of its
assets [.] , but the taxable value may not exceed the cost of
replacement as appropriately depreciated.

5. If two or more persons perform separate functions that
collectively are needed to deliver electric service to the final customer and
the property used in performing the functions would be centrally assessed if
owned by one person, the Nevada tax commission shall establish its valuation
and apportion the valuation among the several counties in
the same manner as the valuation of other centrally assessed property.

among the several counties in the same manner as the
valuation of other centrally assessed property. The Nevada tax commission shall
determine the proportion of the tax levied upon the property by each county
according to the valuation of the contribution of each person to the aggregate valuation
of the property. This subsection does not apply to a qualifying facility, as
defined in 18 C.F.R. § 292.101, which was constructed before July 1, 1997.

6. A company engaged in a business described in subsection
1 that does not have property of an interstate or intercounty nature must be
assessed as provided in subsection 8.

7. As used in this section:

(a) Company means any person, company, corporation or
association engaged in the business described.

(b) Commercial mobile radio service has the meaning
ascribed to it in 47 C.F.R. § 20.3 as that section existed on January 1, 1998.

8. All other property, including, without limitation, that
of any company engaged in providing commercial mobile radio service, radio or
television transmission services or cable television services, must be assessed
by the county assessors, except as otherwise provided in NRS 361.321 and
362.100 and except that the valuation of land and mobile homes must be
established for assessment purposes by the Nevada tax commission as provided in
NRS 361.325.

9. On or before November 1 of each year, the department
shall forward a tax statement to each private car line company based on the
valuation established pursuant to this section and in accordance with the tax
levies of the several districts in each county. The company shall remit the ad
valorem taxes due on or before December 15 to the department which shall
allocate the taxes due each county on a mile-unit basis and remit the taxes to
the counties no later than January 31. The portion of the taxes which is due
the state must be transmitted directly to the state treasurer. A company which
fails to pay the tax within the time required shall pay a penalty of 10 percent
of the tax due or $5,000, whichever is greater, in addition to the tax. Any
amount paid as a penalty must be deposited in the state general fund. The
department may, for good cause shown, waive the payment of a penalty pursuant
to this subsection. As an alternative to any other method of recovering
delinquent taxes provided by this chapter, the attorney general may bring a
civil action in a court of competent jurisdiction to recover delinquent taxes
due pursuant to this subsection in the manner provided in NRS 361.560.

366.3901. Except as otherwise
provided in subsection [3,] 2, the department shall allow each special
fuel supplier [or special fuel dealer] to retain an
amount equal to 2 percent of the amount of the tax collected by the special
fuel supplier [or special fuel dealer] as a fee for
making the collection.

2. [If the special fuel for which the tax was collected by the
special fuel supplier is sold to a purchaser who has been issued a permit
pursuant to NRS 366.397, the special fuel supplier:

(b) Shall
distribute one-half of the fee to the purchaser. If the fuel is resold by that
purchaser to another purchaser who has been issued a permit pursuant to NRS
366.397, the purchaser who sells the special fuel to the subsequent purchaser
shall distribute to that subsequent purchaser one-half of the fee he received
from the special fuel supplier.

3.]
A special fuel supplier who fails to submit a tax return pursuant to NRS
366.383 [or a special fuel dealer who fails to submit a tax return
pursuant to NRS 366.386] is not entitled to the fee
authorized pursuant to subsection 1 for any month for which a tax return is not
filed.

4.3731. Except as otherwise
provided in subsection 2 , section
1 of this act or [by]another specific statute, or unless the
suspension of a sentence is expressly forbidden, a justice of the peace may
suspend, for not more than 1 year, the sentence of a person convicted of a
misdemeanor. When the circumstances warrant, the justice of the peace may order
as a condition of suspension that the offender:

(a) Make restitution to the owner of any property that is
lost, damaged or destroyed as a result of the commission of the offense;

(b) Engage in a program of work for the benefit of the
community, for not more than 200 hours;

(c) Actively participate in a program of professional
counseling at the expense of the offender;

(d) Abstain from the use of alcohol and controlled
substances;

(e) Refrain from engaging in any criminal activity;

(f) Engage or refrain from engaging in any other conduct
deemed appropriate by the justice of the peace;

(g) Submit to a search and seizure by the chief of a
department of alternative sentencing, an assistant alternative sentencing
officer or any other law enforcement officer at any time of the day or night
without a search warrant; and

(h) Submit to periodic tests to determine whether the
offender is using a controlled substance or consuming alcohol.

2. If a person is convicted of a misdemeanor that
constitutes domestic violence pursuant to NRS 33.018, the justice of the peace
may, after the person has served any mandatory minimum period of confinement,
suspend the remainder of the sentence of the person for not more than 3 years
upon the condition that the person actively participate in:

(a) A program of treatment for the abuse of alcohol or
drugs which is certified by the bureau of alcohol and drug abuse inthe
department of human resources;

(b) A program for the treatment of persons who commit
domestic violence that has been certified pursuant to NRS 228.470; or

(c) Both programs set forth in paragraphs (a) and (b),

and that he comply with any other condition of suspension
ordered by the justice of the peace.

3. The justice of the peace may order reports from a
person whose sentence is suspended at such times as he deems appropriate
concerning the compliance of the offender with the
conditions of suspension.

the compliance of the offender with the conditions of
suspension. If the offender complies with the conditions of suspension to the
satisfaction of the justice of the peace, the sentence may be reduced to not
less than the minimum period of confinement established for the offense.

4. The justice of the peace may issue a warrant for the
arrest of an offender who violates or fails to fulfill a condition of
suspension.

Sec. 3. NRS 5.055 is hereby amended to read as
follows:

5.0551. Except as otherwise
provided in subsection 2 , section
1 of this act or[by]another specific statute,
or unless the suspension of a sentence is expressly forbidden, a municipal
judge may suspend, for not more than 1 year, the sentence of a person convicted
of a misdemeanor. When the circumstances warrant, the municipal judge may order
as a condition of suspension that the offender:

(a) Make restitution to the owner of any property that is
lost, damaged or destroyed as a result of the commission of the offense;

(b) Engage in a program of work for the benefit of the
community, for not more than 200 hours;

(c) Actively participate in a program of professional
counseling at the expense of the offender;

(d) Abstain from the use of alcohol and controlled
substances;

(e) Refrain from engaging in any criminal activity;

(f) Engage or refrain from engaging in any other conduct
deemed appropriate by the municipal judge;

(g) Submit to a search and seizure by the chief of a
department of alternative sentencing, an assistant alternative sentencing
officer or any other law enforcement officer at any time of the day or night
without a search warrant; and

(h) Submit to periodic tests to determine whether the
offender is using any controlled substance or alcohol.

2. If a person is convicted of a misdemeanor that
constitutes domestic violence pursuant to NRS 33.018, the municipal judge may,
after the person has served any mandatory minimum period of confinement,
suspend the remainder of the sentence of the person for not more than 3 years
upon the condition that the person actively participate in:

(a) A program of treatment for the abuse of alcohol or
drugs which is certified by the bureau of alcohol and drug abuse inthe
department of human resources;

(b) A program for the treatment of persons who commit
domestic violence that has been certified pursuant to NRS 228.470; or

(c) Both programs set forth in paragraphs (a) and (b),

and that he comply with any other condition of suspension
ordered by the municipal judge.

3. The municipal judge may order reports from a person
whose sentence is suspended at such times as he deems appropriate concerning the
compliance of the offender with the conditions of suspension. If the offender
complies with the conditions of suspension to the satisfaction of the municipal
judge, the sentence may be reduced to not less than the minimum period of
confinement established for the offense.

4. The municipal judge may issue a warrant for the arrest
of an offender who violates or fails to fulfill a condition of suspension.

552.085 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 552.0851 to [552.0863,]552.0862, inclusive,
and sections 41 and 42 of [this act]Assembly Bill No. 103 of this session have the
meanings ascribed to them in those sections.

Sec. 3. NRS 552.160 is hereby amended to read as follows:

552.160 1. The department may order the inspection of any
or all apiaries and all buildings used in connection with those apiaries in any
district or districts of the state annually, or more often if deemed necessary,
or upon report to it that there is a reason to believe that any apiary may be
infected with any disease, or that any honey, honeycombs or beeswax is exposed
to robber bees.

2. If the inspection discloses any disease, the department
may:

(a) Order the owner or any person in possession of the
apiary to destroy the diseased bees, hives and appliances in a manner prescribed by the department and at
the expense of the owner;

(b) Order the owner or any person in possession of the
apiary to treat the hives and appliances in a manner prescribed by the department and at
the expense of the owner[,]
if, in the opinion of the inspector, the nuisance can be abated by treatment
rather than destruction; or

(c) Proclaim a quarantine in accordance with the provisions
of chapter 554 of NRS.

3. [If inspection discloses the existence of American foulbrood,
the]The order
for destruction or treatment must require compliance within [not
less than 24 hours nor more than 72 hours. Any other order must specify]
a reasonable time with reference to the nature of the disease.

4. If the inspection discloses honey, honeycombs or
beeswax exposed to robber bees, the department may order the abatement of the
nuisance in a manner appropriate to the circumstances.

5. The order must be served upon the owner or person in
possession of the apiary personally or by registered or certified mail, or, if [the]that person cannot
be located, by posting the order in a conspicuous place at the apiary.

Sec. 4. NRS 552.212 is hereby amended to read as follows:

552.212 1. A person shall not ship or transport into this
state any queens or other bees in screened cages without comb unless the
shipment is accompanied by a certificate of an authorized officer of the state
of origin certifying that all bees intended for shipment:

(a) Were inspected within 60 days before the date of
shipment; and

(b) Were found to be free from disease and pests.

2. The department [shall]may hold a shipment
which is not accompanied by the certificate of inspection and notify the person
who owns or controls the bees that they will be destroyed after 48 hours after
the time of the notice unless a proper certificate of inspection is supplied.
If the certificate is not supplied within that time, the bees may be destroyed.

552.215 If an inspection is requested by any person [for
the purpose of obtaining a certificate of inspection for bees or appliances,
the applicant for the certificate]to determine the presence of disease or colony strength,the person who requests the
inspection shall pay a reasonable fee as prescribed by the
department to pay the expenses of the inspection.

293.5471. After the 30th day
but not later than the 25th day before any election, a written challenge may be
filed with the county clerk.

2. A registered voter may file a written challenge if:

(a) He is registered to vote in the same precinct or
district as the person whose right to vote is challenged; or

(b) The challenge is based on the personal knowledge of the
registered voter.

3. The challenge must be signed and verified by the
registered voter and name the person whose right to vote is challenged and the
ground of the challenge.

4. A challenge filed pursuant to this section must not
contain the name of more than one person whose right to vote is challenged. The
county clerk shall not accept for filing any challenge which contains more than
one such name.

5. The county clerk shall [file] :

(a) File
the challenge in the registrar of voters register and:

[(a)] (1) In counties where records of registration
are not kept by computer, he shall attach a copy of the challenge to the
challenged registration in the election board register.

[(b)] (2) In counties where records of registration
are kept by computer, he shall have the challenge printed on the computer entry
for the challenged registration and add a copy of it to the election board
register.

[6. The county clerk shall, within]

(b) Within
5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the
person whose right to vote has been challenged pursuant to this section
informing him of the challenge. If
the person fails to respond or appear to vote within the required time, the
county clerk shall cancel his registration. A copy of the
challenge and information describing
how to reregister properly must accompany the notice.

(c) Immediately
notify the district attorney. A copy of the challenge must accompany the
notice.

6. Upon
receipt of a notice pursuant to this section, the district attorney shall
investigate the challenge within 14 days and, if appropriate, cause proceedings
to be instituted and prosecuted in a court of competent jurisdiction without
delay. The court shall give such proceedings priority over other civil matters
that are not expressly given priority by law. Upon court order, the county
clerk shall cancel the registration of the person whose right to vote has been
challenged pursuant to this section.

142.0201. The requirement of a
bond of a personal representative is discretionary with the court. Whether a
bond is expressly required by the will or not, the court may:

(a) Require a bond if it determines a bond is desirable; or

(b) Dispense with the requirement of a bond if it
determines a bond is unnecessary.

2. The bond must be conditioned so that the personal
representative will faithfully execute the duties of the officeaccording
to law, and the bond must be filedby the clerk.

3. Personal assets of an estate may be deposited with a
domestic credit union or other
domestic financial institution upon such terms as may be
prescribed by order of the court having jurisdiction of the estate. The deposit
is subject to the further order of the court. The bond of the personal
representative may be reduced accordingly. The personal representative shall
file with the clerk the acknowledgment of an authorized representative of the
financial institution that holds the assets deposited, which may be in the
following form:

PROOF OF BLOCKED ACCOUNT

The undersigned affirms that
............................................, as personal representative of the
estate of ............................................, deceased, has established
an account, number .........., entitled .........., in the amount of
$...........

The undersigned acknowledges that this account bears a
blocked/frozen designation, and that no money may be removed without first
presenting an order from the court authorizing the withdrawal.

Dated on .........................(date)........ By:.

Title:

4. During the pendency of the administration, any person,
including a creditor, having an interest in anestate whose value
exceeds $10,000 may file a petition requesting that the
personal representative submit additional bond.

may file a petition requesting that the personal
representative submit additional bond. Upon the filing of the petition, the
clerk shall set it for hearing, and the petitioner shall give notice for the
period and in the manner provided in NRS 155.010. Upon hearing the petition,
the court may require the personal representative to file additional bond in
the amount of the claim of the petitioner, unless it determines that bond
should be dispensed with or set in a different amount.

5. The amount of the bond is the estimated value of all
personal property plus income for 1 year from both real and personal property,
unless the amount of the bond is expressly mentioned in the will, changed by
the court or required pursuant to subsection 4.

6. If a banking corporation, as defined in NRS 657.016, or
trust company, as defined in NRS 669.070, doing business in this state is
appointed the personal representative of the estate of a decedent, no bond is
required unless otherwise specifically required by the court.

Sec. 21. NRS 143.175 is hereby amended to read as
follows:

143.1751. A personal
representative may, with court approval:

(a) Invest the property of the estate, make loans and
accept security therefor, in the manner and to the extent authorized by the
court; and

(b) Exercise options of the estate to purchase or exchange
securities or other property.

2. A personal representative may, without prior approval
of the court, invest the property of the estate in:

(a) Savings accounts in a bank , credit union or savings and loan
association in this state, to the extent that the deposit is insured by the
Federal Deposit Insurance Corporation[;] , the National Credit Union Share
Insurance Fund or a private insurer approved pursuant to NRS 678.755;

(c) Interest-bearing obligations of the United States
Postal Service or the Federal National Mortgage Association;

(d) Interest-bearing obligations of this state or of a
county, city or school district of this state;

(e) Money-market mutual funds that are invested only in
obligations listed in paragraphs (a) to (d), inclusive; or

(f) Any other investment authorized by the will of the
decedent.

Sec. 22. NRS 144.020 is hereby amended to read as
follows:

144.0201. A personal
representative may engage a qualified and disinterested appraiser to ascertain
the fair market value, as of the decedents death, of any asset the value of
which is subject to reasonable doubt. Different persons may be engaged to
appraise different kinds of assets included in the estate.

2. Any such appraiser is entitled to a reasonable
compensation for theappraisal and may be paid the compensation
by the personal representative out of the estate at any time after completion
of the appraisal.

3. If there is no reasonable doubt as to the value of
assets, such as money, deposits in banks[,] or credit unions, bonds,
policies of life insurance, or securities for money or evidence of
indebtedness, and the asset is equal in value to cash, the personal
representative shall file a verified record of value in lieu of the
appraisement.

4. If it appears beyond reasonable doubt that there will
be no need to sell assets of the estate to pay the debts of the estate or
expenses of administration, or to divide assets for distribution in kind to the
devisees or heirs, the personal representative may petition the court for an
order allowing a verified record of value to be filed in lieu of the
appraisement, and the court may enter such an order with or without notice.

Sec. 34. NRS 218.644 is hereby amended to read as follows:

218.6441. The legislative
counsel bureau shall maintain a checking account in any qualified bank or credit union for the
purposes of providing advance money and reimbursement to legislators and
employees for travel expenses, paying the salaries of persons on the payroll of
the legislative branch of government, related payroll costs, other expenses
which may or must be paid from the legislative fund and any other expenses
directed by the legislative commission. The account must be secured by a
depository bond to the extent the account is not insured by the Federal Deposit
Insurance Corporation[.] , the National Credit Union Share
Insurance Fund or a private insurer approved pursuant to NRS 678.755.
All checks written on this account must be signed by the chairman of the legislative
commission and the director of the legislative counsel bureau or his designee,
except that during a regular session of the legislature, the majority leader of
the senate and the speaker of the assembly shall sign the checks.

2. A request for advance money for travel constitutes a
lien in favor of the legislative fund upon the accrued salary, subsistence
allowance and travel expenses of the legislator or employee in an amount equal
to the sum advanced.

3. The legislator or employee is entitled to receive upon
request any authorized travel expenses in excess of the amount advanced. The
legislator or employee shall reimburse the legislative fund any amount advanced
that is not used for reimbursable travel expenses.

Sec. 60. NRS 354.695 is hereby amended to read as follows:

354.695 1. As soon as practicable after taking over the
management of a local government, the department shall, with the approval of
the committee:

(a) Establish and implement a management policy and a financing
plan for the local government;

(b) Provide for the appointment of a financial manager for
the local government who is qualified to manage the fiscal affairs of the local
government;

(c) Provide for the appointment of any other persons
necessary to enable the local government to provide the basic services for
which it was created in the most economical and efficient manner possible;

(d) Establish an accounting system and separate [bank
accounts,]accounts
in a bank or credit union, if necessary, to receive and expend
all money and assets of the local government;

(e) Impose such hiring restrictions as deemed necessary
after considering the recommendations of the financial manager;

(f) Negotiate and approve all contracts entered into by or
on behalf of the local government before execution and enter into such
contracts on behalf of the local government as the department deems necessary;

(g) Negotiate and approve all collective bargaining
contracts to be entered into by the local government, except issues submitted
to a factfinder whose findings and recommendations are final and binding
pursuant to the provisions of the Local Government Employee-Management
Relations Act;

(h) Approve all expenditures of money from any fund or
account and all transfers of money from one fund to another;

(i) Employ such technicians as are necessary for the
improvement of the financial condition of the local government;

(j) Meet with the creditors of the local government and
formulate a debt liquidation program;

(k) Approve the issuance of bonds or other forms of
indebtedness by the local government;

(l) Discharge any of the outstanding debts and obligations
of the local government; and

(m) Take any other actions necessary to ensure that the
local government provides the basic services for which it was created in the
most economical and efficient manner possible.

2. The department may provide for reimbursement from the
local government for the expenses it incurs in managing the local government.
If such reimbursement is not possible, the department may request an allocation
by the interim finance committee from the contingency fund pursuant to NRS
353.266, 353.268 and 353.269.

3. The governing body of a local government which is being
managed by the department pursuant to this section may make recommendations to
the department or the financial manager concerning the management of the local
government.

4. Each state agency, board, department, commission,
committee or other entity of the state shall provide such technical assistance
concerning the management of the local government as is requested by the
department.

5. The department may delegate any of the powers and
duties imposed by this section to the financial manager appointed pursuant to
paragraph (b) of subsection 1.

6. Except as otherwise provided in section 1 of Assembly
Bill No. 275 of this session and section 2 of [this act,]Senate Bill No. 473 of this
session, once the department has taken over the management of a
local government pursuant to the provisions of subsection 1, that management
may only be terminated pursuant to NRS 354.725.

Sec. 76. NRS 356.180 is hereby amended to read as follows:

356.180If a warrant of the
county auditor is presented to the county treasurer for payment, the warrant
becomes a check or order of the county treasurer if the county treasurer
endorses thereon the name of the insured
depository bank, credit union or [insured]
savings and loan association, where payable, and a number, as provided in NRS
356.170, and countersigns his name thereto as county treasurer.

Sec. 103. NRS 435.390 is hereby amended to read as
follows:

435.3901. The administrative
officer of any division facility where mentally retarded persons or persons
with related conditions reside may establish a canteen operated for the benefit
of clients and employees of the facility. The administrative officer shall keep
a record of transactions in the operation of the canteen.

2. Each canteen must be self-supporting. No money provided
by the state may be used for its operation.

3. The respective administrative officers shall deposit
the money used for the operation of the canteen in one or more banks or credit unions of
reputable standing, except that an appropriate sum may be maintained as petty
cash at each canteen.

Sec. 127. NRS 569.090 is hereby amended to read as
follows:

569.090 1. Except as otherwise provided pursuant to a
cooperative agreement established pursuant to NRS 569.031, the department
shall:

(a) Pay the reasonable expenses incurred in taking up,
holding, advertising and selling the estray, and any damages for trespass
allowed pursuant to NRS 569.440, from the proceeds of the sale of the estray
and shall place the balance in an interest-bearing checking account in a bank or credit union qualified
to receive deposits of public money. The proceeds from the sale and any
interest on those proceeds, which are not claimed pursuant to subsection 2
within 1 year after the sale, must be deposited in the state treasury for
credit to the livestock inspection account.

(b) Make a complete record of the transaction, including
the marks and brands and other means of identification of the estray, and shall
keep the record available for inspection by members of the general public.

2. If the lawful owner of the estray is found within 1
year after its sale and proves ownership to the satisfaction of the department,
the net amount received from the sale must be paid to the owner.

3. If any claim pending [after the expiration of]
1 year after the date of sale is denied, the proceeds and any interest thereon
must be deposited in the livestock inspection account.

Sec. 128. NRS 573.020 is hereby amended to read as
follows:

573.020 1. A person shall not hold, operate, conduct or
carry on a public livestock auction in this state without first securing a
license therefor from the department.

2. The application for a license must be on a form
prescribed and furnished by the department and set forth:

(a) The name of the operator of the public livestock
auction.

(b) The location of the establishment or premises where the
public livestock auction will be conducted.

(c) The type or kinds of livestock to be handled, sold or
exchanged.

(d) A description of the facilities that will be used to
conduct the public livestock auction.

(e) The weekly or monthly sales day or days on which the
applicant proposes to operate his public livestock auction.

(f) The name and address of the bank or credit union where the custodial account
for consignors proceeds will be established and maintained by the operator of
the public livestock auction in compliance with the provisions of NRS 573.104.

(g) Such other information as the department reasonably may
require, including, without limitation, proof that at the time of application
the applicant has a line of credit established at a bank or credit union in the State of Nevada in an
amount at least equal to the estimated average weekly
gross sales receipts of the public livestock auction that will be conducted by
him.

estimated average weekly gross sales receipts of the public
livestock auction that will be conducted by him.

3. The application must be accompanied by a bond or
deposit receipt and the required fee as provided in this chapter.

Sec. 129. NRS 573.037 is hereby amended to read as
follows:

573.037 1. As authorized by subsection 3 of NRS 573.030,
in lieu of filing the bond described in NRS 573.033 or 573.035, the applicant
may deliver to the director the receipt of a bank , credit union or trust company doing business
in this state showing the deposit with that bank , credit union or trust company of cash or of
securities endorsed in blank by the owner thereof and of a market value equal
at least to the required principal amount of the bond, the cash or securities
to be deposited in escrow under an agreement conditioned as in the case of a
bond. A receipt must be accompanied by evidence that there are no unsatisfied
judgments against the applicant of record in the county where the applicant
resides.

2. An action for recovery against any such deposit may be
brought in the same manner as in the case of an action for recovery on a bond
filed under the provisions of this chapter.

3. If any licensed operator of a public livestock auction
for any reason ceases to operate the auction, the amount of money or securities
deposited in lieu of a bond must be retained by the department for 1 year. If [after
the expiration of] 1 year after the cessation of the
operation, no legal action has been commenced to recover against the money or
securities, the amount thereof must be delivered to the owner thereof. If a
legal action has been commenced within that period, all such money and
securities must be held by the director subject to the order of a court of
competent jurisdiction.

Sec. 130. NRS 573.104 is hereby amended to read as
follows:

573.1041. Each licensee shall
deposit the gross proceeds received by him from the sale of livestock handled
on a commission or agency basis in a separate [bank]
account established and maintained by the licensee in the bank or credit union at which
his line of credit, as required by paragraph (g) of subsection 2 of NRS
573.020, is established. The separate [bank]
account must be designated a custodial account for consignors proceeds.

2. The custodial account for consignors proceeds may be
drawn on only:

(a) For the payment of net proceeds to the consignor, or
any other person or persons of whom the licensee has knowledge who is entitled
to those proceeds;

(b) To obtain the sums due the licensee as compensation for
his services; and

(c) For such sums as are necessary to pay all legal charges
against the consignment of livestock which the licensee in his capacity as
agent is required to pay for and on behalf of the consignor.

3. The licensee shall:

(a) In each case keep such accounts and records that will
at all times disclose the names of the consignors and the amount due to each
from the money in the custodial account for consignors proceeds.

(b) Maintain the custodial account for consignors proceeds
in a manner that will expedite examination by the director and indicate
compliance with the requirements of this section.

Sec. 131. NRS 573.105 is hereby amended to read as
follows:

573.105The director shall
ascertain, at least quarterly, the continued existence and amount of the line
of credit shown pursuant to paragraph (g) of subsection 2 of NRS 573.020, or
its replacement by a line of credit at another bank or credit union in the State of Nevada and the
amount of the replacement. If the line of credit is replaced, the custodial
account must be transferred to the bank or credit union issuing the new line of
credit. If a line of credit in the amount required is not maintained, the
director shall suspend the operators license.

Sec. 132. NRS 573.183 is hereby amended to read as
follows:

573.183 If the director determines, on the basis of any
verified complaint or of any inspection or investigation made by him pursuant
to this chapter, that any operator of a public livestock auction is violating
or is about to violate any provision of this chapter for the protection of
consignor creditors, he may order:

1. The operator to cease and desist from:

(a) Receiving or selling any livestock;

(b) Receiving or disbursing any money; or

(c) Any practice which violates any provision of this
chapter or any other law or any rule, order or regulation issued pursuant to
law.

2. Any bank or
credit union which holds the custodial account of the operator,
as required by NRS 573.104, to refrain from paying out any money from the
account.

The order ceases to be effective upon the expiration of 3
days, excluding Saturdays, Sundays and other nonjudicial days, after its date
of issuance unless a court has, pursuant to NRS 573.185, issued an order which
continues the restraint.

Sec. 133. NRS 576.040 is hereby amended to read as
follows:

576.040 1. Each applicant to whom a license to act as a
dealer, broker or commission merchant is issued shall:

(a) File one of the following:

(1) A bond of a surety company authorized to do business
in this state.

(2) A bond with individual sureties owning unencumbered
real property within this state subject to execution and worth, above all
exemptions, double the amount of the bond.

(3) A personal bond secured by a first deed of trust on
real property within this state which is subject to execution and worth, above
all exemptions, double the amount of the bond. If the applicant files the bond
with the department, he shall also file a policy of title insurance on the real
property from a title insurance company licensed in this state which states
that the property is free and clear of all encumbrances and liens other than
the first deed of trust. The applicant shall certify under oath that the
property is worth at least twice the amount of the bond and that it is
unencumbered. The certificate must be approved by the department.

The bond must be in the form prescribed by, and to the
satisfaction of, the department, conditioned for the payment of a judgment
against the applicant and arising out of the failure of the applicant or his
agent to conduct his business in accordance with the
provisions of this chapter, or for nonpayment of obligations in connection with
the purchase and sale of livestock or farm products.

conduct his business in accordance with the provisions of
this chapter, or for nonpayment of obligations in connection with the purchase
and sale of livestock or farm products. The bond must provide that the surety
company, if any, will notify the department before the end of the second
business day after any claim or judgment has been made against the bond. The
aggregate liability of any surety to all claimants is limited to the amount of
the bond for each licensing period.

(b) File a copy of the bond required by the United States
pursuant to the provisions of the Packers and Stockyards Act, 7 U.S.C. § 204.

(c) Furnish other security in the amount required by this
section which is acceptable to the department.

2. In lieu of complying with one of the alternatives
provided in subsection 1, the dealer, broker or commission merchant may deliver
to the department the receipt of a bank , credit union or trust company in this state
showing the deposit with that bank ,
credit union or trust company of cash or of securities endorsed
in blank by the owner thereof and of a market value equal at least to the
required principal amount of the bond. The cash or securities must be deposited
in escrow under an agreement conditioned as in the case of a bond. Any receipt
must be accompanied by evidence that there are no unsatisfied judgments against
the dealer, broker or commission merchant of record in the county in which he
is doing business or resides. An action for recovery against any such deposit
may be brought in the same manner as in the case of an action for recovery on a
bond filed under the provisions of NRS 576.042.

3. The amount of the bond, other security or deposit must
be:

(a) Based on the applicants annual volume of purchases,
according to a schedule adopted by the department; and

(b) Not less than $5,000 or more than $100,000.

4. All bonds must be renewed or continued in accordance
with regulations adopted by the department.

5. Any licensed dealer, broker or commission merchant who
knowingly sells or otherwise encumbers real property which is the security for
a bond under subsection 1, after a policy of title insurance on that property
has been issued and while the bond is in force, is guilty of a gross
misdemeanor.

Sec. 146. NRS 615.255 is hereby amended to read as
follows:

615.255 1. There is hereby created the rehabilitation
division revolving account in an amount not to exceed $90,000. The money in the
revolving account may be used for the payment of claims of:

(a) Applicants for or recipients of services from:

(1) The bureau of vocational rehabilitation, including,
without limitation, the rehabilitation facilities described in subsection 2 of
NRS 615.200; and

(2) The bureau of services to the blind and visually
impaired, including, without limitation, the vending stand program for the
blind authorized by NRS 426.630 to 426.720, inclusive.

(b) Vendors providing services to those applicants or
recipients under procedures established by the division.

2. The money in the revolving account must be deposited in
a bank or credit union qualified
to receive deposits of public money. The bank or credit union shall secure the deposit with
a depository bond satisfactory to the state board of
examiners, unless it is otherwise secured by the Federal Deposit Insurance
Corporation [.]

satisfactory to the state board of examiners, unless it is
otherwise secured by the Federal Deposit Insurance Corporation[.] , the National Credit Union Share
Insurance Fund or a private insurer approved pursuant to NRS 678.755.

3. After expenditure of money from the revolving account,
the administrator [of the division] shall present a claim
to the state board of examiners. When approved by the state board of examiners,
the state controller shall draw his warrant in the amount of the claim in favor
of the rehabilitation division revolving account, to be paid to the order of
the administrator, and the state treasurer shall pay it.

4. Money in the rehabilitation division revolving account
does not revert to the state general fund at the end of the fiscal year, but
remains in the revolving account.

5. Purchases paid for from the rehabilitation division
revolving account for the purposes authorized by subsection 1 may be exempt
from the provisions of the State Purchasing Act at the discretion of the chief
of the purchasing division of the department of administration or his
designated representative.

Sec. 148. NRS 616B.107 is hereby amended to read as
follows:

616B.1071. No person engaged in
business as a broker or dealer in securities or who has a direct pecuniary
interest in any such business who receives commissions for transactions
performed as an agent for the system is eligible for employment as investment
counsel for the system.

2. The manager shall not engage investment counsel unless:

(a) The principal business of the person selected by the
manager consists of rendering investment supervisory services, that is, the
giving of continuous advice as to the investment of money on the basis of the
individual needs of each client;

(b) The person and his predecessors have been continuously
engaged in such business for a period of 3 or more years, and, if a firm or
corporation, the senior management personnel of the firm or corporation have an
average of 10 years professional experience as investment managers;

(c) The person as of the time originally hired, has at
least $250,000,000 of assets under management contract, exclusive of any assets
related to governmental agencies in this state;

(d) The person is registered as an investment adviser under
the laws of the United States as from time to time in effect, or is a bank or
an investment management subsidiary of a bank;

(e) The contract between the system and the investment
counsel is of no specific duration and is voidable at any time by either party;
and

(f) The person has been approved by the state board of
finance for employment as investment counsel.

3. More than one investment counsel may be employed in the
discretion of the manager.

4. The expense of such employment must be paid from the
state insurance fund.

5. Any investment program adopted by the system and all
investments made thereunder must be reported quarterly in writing by the
manager to the state board of finance, and the report is subject to review by the
state board of finance. The state board of finance may require
the manager to provide further reports and may recommend modifications in the
investment program, including replacement of the investment counsel.

require the manager to provide further reports and may
recommend modifications in the investment program, including replacement of the
investment counsel. If, after a reasonable time, the manager has not taken
suitable corrective action in response to recommendations by the state board of
finance, the state board of finance may direct the manager to carry out its
recommendations in a manner acceptable to the state board of finance. Any
directives from the state board of finance must be in writing.

6. With the approval of the state board of finance, the
manager may designate [the bank or]one or more banks or credit unions which shall have [the]
custody of the various investments made pursuant to this section.

7. The system may accept due bills from brokers upon
delivery of warrants if the certificates representing the investments are not
readily available.

upon proof satisfactory to the board that the person has
engaged in any of the activities listed in subsection 2.

2. The following activities may be punished as provided in
subsection 1:

(a) Engaging in the illegal practice of dentistry or dental
hygiene;

(b) Engaging in unprofessional conduct; or

(c) Violating any regulations adopted by the board or the
provisions of this chapter.

3. The board may delegate to a hearing officer or panel
its authority to take any disciplinary action pursuant to this chapter, impose
and collect fines therefor and deposit the money therefrom in banks , credit unions or savings
and loan associations in this state.

4. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 3 and the board deposits the money
collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state
board of examiners for recommendation to the interim finance committee if money
is needed to pay attorneys fees or the costs of an investigation, or both.

to the state general fund, it may present a claim to the
state board of examiners for recommendation to the interim finance committee if
money is needed to pay attorneys fees or the costs of an investigation, or
both.

Sec. 19. 1. Except as otherwise provided in subsection 4,
all expenses incurred by the board in carrying out the provisions of this
chapter must be paid from the money which it receives. No part of the salaries
or expenses of the board may be paid out of the state general fund.

2. All money received by the board must be deposited in a
bank , credit union or
other financial institution in this state and paid out on its order for its
expenses.

3. The board may delegate to a hearing officer or panel
its authority to take any disciplinary action pursuant to this chapter, impose
and collect fines and penalties therefor and deposit the money therefrom in a
bank , credit union or
other financial institution in this state.

4. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 3, the board shall deposit the money
collected from the imposition of fines with the state treasurer for credit to
the state general fund. If money is so deposited, the board may present a claim
to the state board of examiners for recommendation to the interim finance
committee if money is needed to pay attorneys fees or the costs of an
investigation, or both.

Sec. 10. Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, a
digital signature as defined in section 7 of Assembly Bill No. 674 of this
session.

Sec. 18. 1. The
secretary of state, when requested to do so, shall reserve, for a period of 90
days, the right to use a name available pursuant to section 17 of this act for
the use of a proposed business trust. During the period, the name so reserved
is not available for use or reservation by any other artificial person forming,
organizing, registering or qualifying in the office of the secretary of state
pursuant to the provisions of this Title without the written, acknowledged
consent of the person at whose request the reservation was made.

2. The use by
any artificial person of a name in violation of subsection 1 or section 17 of
this act may be enjoined, even if the document
under which the artificial person is formed, organized, registered or qualified
has been filed by the secretary of state.

document under
which the artificial person is formed, organized, registered or qualified has
been filed by the secretary of state.

Sec. 59. NRS 78.010 is hereby amended to read as follows:

78.010 1. As used in this chapter:

(a) Approval and vote as describing action by the
directors or stockholders mean the vote of directors in person or by written
consent or of stockholders in person, by proxy or by written consent.

(b) Articles, articles of incorporation and
certificate of incorporation are synonymous terms and unless the context
otherwise requires, include all certificates filed pursuant to NRS 78.030, [78.195,]78.1955, 78.209,
78.380, 78.385 and 78.390 and any articles of merger or exchange filed pursuant
to NRS 92A.200 to 92A.240, inclusive. Unless the context otherwise requires,
these terms include restated articles and certificates of incorporation.

(c) Directors and trustees are synonymous terms.

(d) Receiver includes receivers and trustees appointed by
a court as provided in this chapter or in chapter 32 of NRS.

(e) Registered office means the office maintained at the
street address of the resident agent.

(f) Resident agent means the agent appointed by the
corporation upon whom process or a notice or demand authorized by law to be
served upon the corporation may be served.

(g) Sign
means to affix a signature to a document.

(h) Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, a
digital signature as defined in section 7 of Assembly Bill No. 674 of this
session.

(i) Stockholder
of record means a person whose name appears on the stock ledger of the
corporation.

(j) Street
address of a resident agent means the actual physical location in this state
at which a resident agent is available for service of process.

2. General terms and powers given in this chapter are not
restricted by the use of special terms, or by any grant of special powers
contained in this chapter.

Sec. 92. NRS 78A.090 is hereby amended to read as follows:

78A.0901. A close corporation
may operate without a board of directors if the certificate of incorporation
contains a statement to that effect.

2. An amendment to the certificate of incorporation
eliminating a board of directors must be approved:

(a) By all the shareholders of the corporation, whether or
not otherwise entitled to vote on amendments; or

(b) If no shares have been issued, by all subscribers for
shares, if any, or if none, by the incorporators.

3. While a corporation is operating without a board of
directors as authorized by subsection 1:

(a) All corporate powers must be exercised by or under the
authority of, and the business and affairs of the corporation managed under the
direction of, the shareholders.

(1) Action requiring the approval of the board of
directors or of both the board of directors and the shareholders is authorized
if approved by the shareholders; and

(2) Action requiring a majority or greater percentage
vote of the board of directors is authorized if approved by the majority or
greater percentage of votes of the shareholders entitled to vote on the action.

(c) A requirement by a state or the United States that a
document delivered for filing contain a statement that specified action has
been taken by the board of directors is satisfied by a statement that the
corporation is a close corporation without a board of directors and that the
action was approved by the shareholders.

(d) The shareholders by resolution may appoint one or more
shareholders to sign documents as designated directors.

4. An amendment to the articles of incorporation that
deletes the provision which eliminates a board of directors must be approved by
the holders of at least two-thirds of the votes of each class or series of
shares of the corporation, voting as separate voting groups, whether or not
otherwise entitled to vote on amendments. The amendment must specify the
number, names and mailing addresses of the directors of the corporation or
describe who will perform the duties of the board of directors.

5. As used in
this section, sign means to execute or adopt a name, word or mark, including,
without limitation, a digital signature as defined in section 7 of Assembly
Bill No. 674 of this session, with the present intention to authenticate a
document.

Sec. 94.4. Signed
means to have executed or adopted a name, word or mark, including, without
limitation, a digital signature as defined in section 7 of Assembly Bill No.
674 of this session, with the present intention to authenticate a document.

Sec. 96. NRS 80.010 is hereby amended to read as follows:

80.0101. Before commencing or
doing any business in this state, every corporation organized pursuant to the
laws of another state, territory, the District of Columbia, a dependency of the
United States or a foreign country, that enters this state to do business must:

(a) File in the office of the secretary of state of this
state:

(1) A certificate of corporate existence issued not
more than 90 days before the date of filing by an authorized officer of the
jurisdiction of its incorporation setting forth the filing of documents and
instruments related to the articles of incorporation, or the governmental acts
or other instrument or authority by which the corporation was created. If the
certificate is in a language other than English, a translation, together with
the oath of the translator and his attestation of its accuracy, must be
attached to the certificate.

(2) A certificate of acceptance of appointment executed
by its resident agent, who must be a resident or located in this state. The
certificate must set forth the name of the resident agent, his street address
for the service of process, and his mailing address if different from his
street address. The street address of the resident agent is the registered
office of the corporation in this state.

(3) A statement executed by an officer of the
corporation[,
acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of
deeds,] setting forth:

where the
acknowledgment is taken to take acknowledgments of deeds,]
setting forth:

(I) A general description of the purposes of the
corporation; and

(II) The authorized stock of the corporation and
the number and par value of shares having par value and the number of shares
having no par value.

(b) Lodge in the office of the secretary of state a copy of
the document most recently filed by the corporation in the jurisdiction of its
incorporation setting forth the authorized stock of the corporation, the number
of par‑value shares and their par value, and the number of no-par-value
shares.

2. The secretary of state shall not file the documents
required by subsection 1 for any foreign corporation whose name is[the
same as, or deceptively similar to the name of a corporation, limited
partnership or limited-liability company existing pursuant to the laws of this
state or a foreign corporation, foreign limited partnership or foreign
limited-liability company authorized to transact business in this state or a
name to which the exclusive right is at the time reserved in the manner
provided in the laws of this state,]not distinguishable on the records of the secretary of state
from the names of all other artificial persons formed, organized, registered or
qualified pursuant to the provisions of this Title that are on file in the
office of the secretary of state and all names that are reserved in the office
of the secretary of state pursuant to the provisions of this Title, unless
the written , acknowledged
consent of the holder of the [registered]name on file or reserved name to use the same
name or the requested similar name accompanies the articles of incorporation.

3. The secretary of state shall not accept for filing the
documents required by subsection 1 or NRS 80.110 for any foreign corporation if
the name of the corporation contains the words engineer, engineered,
engineering, professional engineer, registered engineer or licensed
engineer unless the state board of professional engineers and land surveyors
certifies that:

(a) The principals of the corporation are licensed to
practice engineering pursuant to the laws of this state; or

(b) The corporation is exempt from the prohibitions of NRS
625.520.

4. The secretary of state shall not accept for filing the
documents required by subsection 1 or NRS 80.110 for any foreign corporation if
it appears from the documents that the business to be carried on by the
corporation is subject to supervision by the commissioner of financial
institutions, unless the commissioner certifies that:

(a) The corporation has obtained the authority required to
do business in this state; or

(b) The corporation is not subject to or is exempt from the
requirements for obtaining such authority.

5. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 103.4. Signed
means to have executed or adopted a name, word or mark, including, without
limitation, a digital signature as defined in section 7 of Assembly Bill No.
674 of this session, with the present intention to authenticate a document.

Sec. 109. Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, a
digital signature as defined in section 7 of Assembly Bill No. 674 of this
session.

Sec. 120. NRS 82.466 is hereby amended to read as follows:

82.4661. A federal court may take the same actions with respect
to corporations governed by this chapter as a federal court may take with
respect to corporations governed by chapter 78 of NRS under subsection 1 of NRS
78.622.

2. A corporation governed by this chapter shall file with
the secretary of state a certified
copy of the [plans] confirmed plan of reorganization [and
the notices of bankruptcy] described in NRS 78.622 .[and 78.626.]

Sec. 124.4. Signed
means to have executed or adopted a name, word or mark, including, without
limitation, a digital signature as defined in section 7 of Assembly Bill No.
674 of this session, with the present intention to authenticate a document.

Sec. 125. NRS 84.020 is hereby amended to read as follows:

84.020An archbishop, bishop, president, trustee in trust,
president of stake, president of congregation, overseer, presiding elder,
district superintendent, other presiding officer or clergyman of a church or
religious society or denomination, who has been chosen, elected or appointed in
conformity with the constitution, canons, rites, regulations or discipline of
the church or religious society or denomination, and in whom is vested the
legal title to property held for the purposes, use or benefit of the church or
religious society or denomination, may make and subscribe written articles of
incorporation, in duplicate, [acknowledge the articles before a person authorized to take
acknowledgments] and file one copy of the articles,
together with a certificate of acceptance of appointment executed by the
resident agent of the corporation, in the office of the secretary of state and
retain possession of the other.

Sec. 128. Chapter 86 of NRS is hereby amended by adding
thereto the provisions set forth as sections 129 to [133,] 132, inclusive, of this
act.

Sec. 130. Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, a
digital signature as defined in section 7 of Assembly Bill No. 674 of this
session.

Sec. 132. A
limited-liability company that has revived or renewed its charter pursuant to
the provisions of this chapter:

1. Is a
limited-liability company and continues to be a limited-liability company for
the time stated in the certificate of revival or renewal;

2. Possesses
the rights, privileges and immunities conferred by the original charter and by
this chapter; and

3. Is subject
to the restrictions and liabilities set forth in this chapter.

Sec. 133. (Deleted by amendment.)

Sec. 137. NRS 86.171 is hereby amended to read as follows:

86.1711. The name of a
limited-liability company formed under the provisions of this chapter must
contain the words Limited-Liability Company, Limited
Company, or Limited or the abbreviations Ltd., L.L.C., L.C., LLC or
LC.

Company, Limited Company, or Limited or the
abbreviations Ltd., L.L.C., L.C., LLC or LC. The word Company may
be abbreviated as Co.

2. The name proposed for a limited-liability company must
be distinguishable on the records
of the secretary of state from the names of all other artificial
persons formed, organized
[or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87,
88 or 89 of NRS whose names], registered or qualified pursuant to the provisions of this
Title that are on file in the office of the secretary of state[.]and all names that are reserved in the
office of the secretary of state pursuant to the provisions of this Title. If
a proposed name is not so distinguishable, the secretary of state shall return
the articles of organization to the organizer, unless the written , acknowledged consent of
the holder of the [registered]name on file or reserved name to use the same
name or the requested similar name accompanies the articles of organization.

3. For the purposes of this section and NRS 86.176, a
proposed name is not [distinguished] distinguishable from a [registered]name on file or
reserved name solely because one or the other contains distinctive lettering, a
distinctive mark, a trade-mark or a trade name, or any combination of these.

4. The name of a limited-liability company whose charter
has been revoked, [whose existence has terminated,] which
has merged and is not the surviving [company, or which for any
other reason is no longer in good standing]entity or whose existence has otherwise
terminated is available for use by any other artificial person.

5. The secretary of state shall not accept for filing any
articles of organization for any limited-liability company if the name of the
limited-liability company contains the words accountant, accounting,
accountancy, auditor or auditing unless the Nevada state board of
accountancy certifies that the limited-liability company:

(a) Is registered pursuant to the provisions of chapter 628
of NRS; or

(b) Has filed with the state board of accountancy under
penalty of perjury a written statement that the limited-liability company is
not engaged in the practice of accounting and is not offering to practice
accounting in this state.

6. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 148. NRS 87.020 is hereby amended to read as follows:

87.020As used in this chapter, unless the context otherwise
requires:

1. Bankrupt includes bankrupt under the Federal
Bankruptcy Act or insolvent under any state insolvent act.

2. Business includes every trade, occupation or
profession.

3. Conveyance includes every assignment, lease, mortgage
or encumbrance.

4. Court includes every court and judge having
jurisdiction in the case.

5. Professional service means any type of personal
service which may legally be performed only pursuant to a license or
certificate of registration.

7. Registered limited-liability partnership means a partnership
formed pursuant to an agreement governed by this chapter for the purpose of
rendering a professional service and registered pursuant to and complying with
NRS 87.440 to 87.560, inclusive.

8. Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, a
digital signature as defined in section 7 of Assembly Bill No. 674 of this
session.

9. Signed
means to have affixed a signature to a document.

10. Street
address of a resident agent means the actual physical location in this state
at which a resident agent is available for service of process.

Sec. 155. NRS 88.315 is hereby amended to read as follows:

88.315As used in this chapter, unless the context otherwise
requires:

1. Certificate of limited partnership means the
certificate referred to in NRS 88.350, and the certificate as amended or
restated.

2. Contribution means any cash, property, services
rendered, or a promissory note or other binding obligation to contribute cash
or property or to perform services, which a partner contributes to a limited
partnership in his capacity as a partner.

3. Event of withdrawal of a general partner means an
event that causes a person to cease to be a general partner as provided in NRS
88.450.

4. Foreign limited partnership means a partnership
formed under the laws of any state other than this state and having as partners
one or more general partners and one or more limited partners.

5. General partner means a person who has been admitted
to a limited partnership as a general partner in accordance with the
partnership agreement and named in the certificate of limited partnership as a
general partner.

6. Limited partner means a person who has been admitted
to a limited partnership as a limited partner in accordance with the
partnership agreement.

7. Limited partnership and domestic limited
partnership mean a partnership formed by two or more persons under the laws of
this state and having one or more general partners and one or more limited
partners.

8. Partner means a limited or general partner.

9. Partnership agreement means any valid agreement,
written or oral, of the partners as to the affairs of a limited partnership and
the conduct of its business.

10. Partnership interest means a partners share of the
profits and losses of a limited partnership and the right to receive
distributions of partnership assets.

11. Registered office means the office maintained at the
street address of the resident agent.

12. Resident agent means the agent appointed by the
limited partnership upon whom process or a notice or demand authorized by law
to be served upon the limited partnership may be served.

14. Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, a
digital signature as defined in section 7 of Assembly Bill No. 674 of this
session.

15. State
means a state, territory or possession of the United States, the District of
Columbia or the Commonwealth of Puerto Rico.

16. Street
address of a resident agent means the actual physical location in this state
at which a resident is available for service of process.

Sec. 165. NRS 89.250 is hereby amended to read as follows:

89.2501. A professional association shall, on or before the
last day of the month in which the anniversary date of its organization occurs
in each year, furnish a statement to the secretary of state showing the names
and residence addresses of all members and employees in such association and
shall certify that all members and employees are licensed to render
professional service in this state.

2. The statement must:

(a) Be made on a form prescribed by the secretary of state [but] and must not contain any
fiscal or other information except that expressly called for by this section.

(b) Be signed by the chief executive officer of the
association.

3. Upon filing the annual statement required by this
section, the association shall pay to the secretary of state a fee of $15.

4. As used in
this section, signed means to have executed or adopted a name, word or mark,
including, without limitation, a digital signature as defined in section 7 of
Assembly Bill No. 674 of this session, with the present intention to
authenticate a document.

Sec. 180. NRS 92A.230 is hereby amended to read as
follows:

92A.2301. Articles of merger or
exchange must be signed [and acknowledged] by each domestic
constituent entity as follows:

(a) By the president or a vice president of a domestic
corporation, whether or not for profit;

(b) By all the general partners of a domestic limited
partnership; [and]

(c) By a manager of a domestic limited-liability company
with managers or by all the members of a domestic limited-liability company
without managers[.] ; and

(d) By a
trustee of a domestic business trust.

2. If the domestic
entity is a corporation, the articles must also be signed by the
secretary or an assistant secretary
. [, but the signature need not be acknowledged.]

3. Articles
of merger or exchange must be signed by each foreign constituent entity in the
manner provided by the law governing it.

4. As used in
this section, signed means to have executed or adopted a name, word or mark,
including, without limitation, a digital signature as defined in section 7 of
Assembly Bill No. 674 of this session, with the present intention to
authenticate a document.

Sec. 195. 1. This section and section 193.1 of this act [becomes] , and subsection 1 of section 194 of
this act become effective on June 30, 1999.

2. Sections 1
to 136, inclusive, and 138 to 193, inclusive, of this act and subsections 2 and
3 of section 194 of this act become effective on July 1, 1999.

[2.] 3. Section 137 of this act becomes effective at 12:01 a.m.
on July 1, 1999.

4.
The amendatory provisions of section 188 of this act expire by limitation on
November 30, 1999.

2. Chapter 357, Statutes of Nevada 1999, at page 1616,
is hereby amended by adding thereto a new section to be designated as section
147.1, immediately following section 147, to read as follows:

Sec. 147.1. NRS 86.563 is hereby amended to read as
follows:

86.563 [An organizer, manager or managing member] Before the issuance of members
interests an organizer, and after the issuance of members interests, a
manager, of a limited-liability company may authorize the
secretary of state in writing to replace any page of a document submitted for
filing on an expedited basis, before the actual filing, and to accept the page
as if it were part of the originally signed filing. The signed authorization of
the organizer[,] or manager [or
managing member] to the secretary of state permits, but
does not require, the secretary of state to alter the original document as
requested.

3. Chapter 357, Statutes of Nevada 1999, at page 1639,
is hereby amended by adding thereto a new section to be designated as section
193.1, immediately following section 193, to read as follows:

80.0101. Before commencing or
doing any business in this state, [every] each corporation organized
pursuant to the laws of another state, territory, the District of Columbia, a [dependency] possession of the United
States or a foreign country, that enters this state to do business must:

(a) File in the office of the secretary of state of this state:

(1) A certificate of corporate existence issued not
more than 90 days before the date of filing by an authorized officer of the
jurisdiction of its incorporation setting forth the filing of documents and
instruments related to the articles of incorporation, or the governmental acts
or other instrument or authority by which the corporation was created. If the
certificate is in a language other than English, a translation, together with
the oath of the translator and his attestation of its accuracy, must be
attached to the certificate.

(2) A certificate of acceptance of appointment executed
by its resident agent, who must be a resident or located in this state. The
certificate must set forth the name of the resident agent, his street address
for the service of process, and his mailing address if different from his
street address. The street address of the resident agent is the registered
office of the corporation in this state.

(3) A statement executed by an officer of the
corporation setting forth:

(I) A general description of the purposes of the
corporation; and

(II) The authorized stock of the corporation and
the number and par value of shares having par value and the number of shares
having no par value.

(b) Lodge in the office of the secretary of state a copy of
the document most recently filed by the corporation in the jurisdiction of its
incorporation setting forth the authorized stock of the corporation, the number
of par‑value shares and their par value, and the number of no-par-value
shares.

2. The secretary of state shall not file the documents
required by subsection 1 for any foreign corporation whose name is not
distinguishable on the records of the secretary of state from the names of all
other artificial persons formed, organized, registered or qualified pursuant to
the provisions of this Title that are on file in the office of the secretary of
state and all names that are reserved in the office of the secretary of state
pursuant to the provisions of this Title, unless the written, acknowledged
consent of the holder of the name on file or reserved name to use the same name
or the requested similar name accompanies the articles of incorporation.

3. The secretary of state shall not accept for filing the
documents required by subsection 1 or NRS 80.110 for any foreign corporation if
the name of the corporation contains the words engineer, engineered,
engineering, professional engineer, registered engineer or licensed
engineer unless the state board of professional engineers and land surveyors
certifies that:

(a) The principals of the corporation are licensed to
practice engineering pursuant to the laws of this state; or

(b) The corporation is exempt from the prohibitions of NRS
625.520.

4. The secretary of state shall not accept for filing the
documents required by subsection 1 or NRS 80.110 for any foreign corporation if
it appears from the documents that the business to be carried on by the
corporation is subject to supervision by the commissioner of financial
institutions, unless the commissioner certifies that:

(a) The corporation has obtained the authority required to
do business in this state; or

(b) The corporation is not subject to or is exempt from the
requirements for obtaining such authority.

5. The
secretary of state shall not accept for filing the documents required by
subsection 1 or NRS 80.110 for any foreign corporation if the name of the
corporation contains the words accountant, accounting, accountancy,
auditor or auditing unless the Nevada state board of accountancy certifies
that the foreign corporation:

(a) Is
registered pursuant to the provisions of chapter 628 of NRS; or

(b) Has filed
with the state board of accountancy under penalty of perjury a written
statement that the foreign corporation is not engaged in the practice of accounting and is not offering to
practice accounting in this state.

78.0451. The secretary of state
shall not accept for filing any articles of incorporation or any certificate of
amendment of articles of incorporation of any corporation formed pursuant to the
laws of this state which provides that the name of the corporation contains the
word bank or trust, unless:

(a) It appears from the articles or the certificate of
amendment that the corporation proposes to carry on business as a banking or
trust company, exclusively or in connection with its business as a bank or
savings and loan association; and

(b) The articles or certificate of amendment is first
approved by the commissioner of financial institutions.

2. The secretary of state shall not accept for filing any
articles of incorporation or any certificate of amendment of articles of
incorporation of any corporation formed pursuant to the provisions of this
chapter if it appears from the articles or the certificate of amendment that
the business to be carried on by the corporation is subject to supervision by
the commissioner of insurance or by the commissioner of financial institutions,
unless the articles or certificate of amendment is approved by the commissioner
who will supervise the business of the corporation.

3. Except as otherwise provided in subsection [4,] 5, the secretary of state
shall not accept for filing any articles of incorporation or any certificate or
amendment of articles of incorporation of any corporation formed pursuant to the
laws of this state if the name of the corporation contains the words
engineer, engineered, engineering, professional engineer, registered
engineer or licensed engineer unless:

(a) The state board of professional engineers and land
surveyors certifies that the principals of the corporation are licensed to
practice engineering pursuant to the laws of this state; or

(b) The state board of professional engineers and land
surveyors certifies that the corporation is exempt from the prohibitions of NRS
625.520.

4. The
secretary of state shall not accept for filing any articles of incorporation or
any certificate of amendment of articles of incorporation of any corporation
formed pursuant to the laws of this state which provides that the name of the
corporation contains the words accountant, accounting, accountancy,
auditor or auditing unless the Nevada
state board of accountancy certifies that the corporation:

auditing
unless the Nevada state board of accountancy certifies that the corporation:

(a) Is
registered pursuant to the provisions of chapter 628 of NRS; or

(b) Has filed
with the state board of accountancy under penalty of perjury a written
statement that the corporation is not engaged in the practice of accounting and
is not offering to practice accounting in this state.

5. The
provisions of subsection 3 do not apply to any corporation, whose securities
are publicly traded and regulated by the Securities Exchange Act of 1934, which
does not engage in the practice of professional engineering.

[5.] 6. The commissioner of financial
institutions and the commissioner of insurance may approve or disapprove the
articles or amendments referred to them pursuant to the provisions of this
section.

Sec. 3. 1. If
a person is notified of a delinquency pursuant to NRS 612.685, he shall neither
transfer, pay over nor make any other disposition of money or property
belonging to the delinquent employing unit, or any portion thereof, until the
administrator consents thereto in writing.

2. A person
so notified shall, within 10 days after receipt of the notice, advise the
administrator of all credits, debts or other personal property of the delinquent
employing unit in his possession, under his control or owing by him, as the
case may be.

3. The
administrator may, personally or by registered or certified mail, give the
person so notified a demand to transmit. Upon receipt of the demand, that person
shall transmit to the division, within the time and in the manner stated in the
demand, the lesser of:

(a) All the
credits, debts or other personal property of the delinquent employing unit in
his possession, under his control or owing by him; or

(b) The amount
specified in the demand.

Except as
otherwise provided in subsection 4, no further notice is required.

4. If the
property of the delinquent employing unit consists of a series of payments owed
to it, the person who owes or controls the payments shall transmit them to the
division until otherwise notified by the administrator. If the debt is not paid
within 1 year after the demand to transmit was given, the administrator shall
give another demand to the person who owes or controls the payments,
instructing him to continue to transmit the payments or informing him that his
duty to transmit them has ceased.

5. A person
notified of a delinquency who makes any transfer or other disposition of
property required to be withheld or transmitted to the division is liable for
the amount of the delinquency to the extent of the value of the property or the
amount of the debt so transferred or paid.

6. The
division shall determine as promptly as practicable whether sufficient liquid
assets have been withheld or transmitted to satisfy its claim. As soon as the
division determines that the assets are sufficient,
it shall consent in writing to a transfer or other disposition of assets in
excess of the amount needed.

Sec. 5. Chapter 231 of NRS is hereby amended by adding
thereto a new section to read as follows:

The commission
on economic development shall, on or before January 15 of each odd-numbered
year, prepare and submit to the director of the legislative counsel bureau for
transmission to the legislature a report concerning the abatements from
taxation that the commission approved pursuant to section 1 of this act. The
report must set forth, for each abatement from taxation that the commission
approved in the 2-year period immediately preceding the submission of the
report:

1. The dollar
amount of the abatement;

2. The
location of the business for which the abatement was approved;

3. The number
of employees that the business for which the abatement was approved employs or
will employ;

4. Whether
the business for which the abatement was approved is a new business or an
existing business; and

385.2101. The superintendent of
public instruction shall prescribe a convenient form of school register for the
purpose of securing accurate returns from the teachers of public schools.

2. The superintendent shall prepare pamphlet copies of the
[school law,] codified statutes relating to schools, and
shall transmit a copy to each school, school trustee[,]
and other school officer in [the state. When] this state. If the state board adopts regulations to carry
out these codified statutes or if additions or amendments are
made to [the school law, he]these codified statutes, the superintendent shall
have[them]the regulations, additions or
amendments printed and transmitted immediately thereafter. Each
pamphlet [shall] must be marked State propertyto be turned
over to your successor in office.
Each school shall maintain a copy of the pamphlet with any regulations,
additions or amendments in the school library.

3. In
addition to the requirements set forth in subsection 2, the superintendent
shall, to the extent practicable and not later than July 1 of each year,
provide to the board of trustees of each school district a memorandum that
describes each statute newly enacted by the legislature which affects the
public schools in this state and the pupils who are enrolled in the public
schools in this state. The memorandum may compile all the statutes into one
document. If a statute requires the state board to take action to carry out the
statute, the memorandum must include a brief plan for carrying out the statute
by the state board. In addition, the memorandum must include the date on which
the statute becomes effective and the date by which it must be carried into
effect by a school district or public school.

4. The
superintendent shall, if directed by the state board, prepare and publish a
bulletin as the official publication of the department.

Sec. 3. NRS 386.360 is hereby amended to read as follows:

386.3601. Not later than 60 days after receipt of a memorandum
pursuant to subsection 3 of NRS 385.210 from the superintendent of public
instruction, the board of trustees of a school district shall determine which
statutes directly affect pupils, parents, teachers, administrators or other
educational personnel and require a plan for implementation. If the board of
trustees determines that a statute requires a plan for implementation, the
board of trustees shall prepare a brief plan, which must ensure that the school
district and the public schools within the school district will comply with the
statute on the date on which the statute becomes effective and thereafter. The
board of trustees shall provide written notice of the information contained in
the memorandum provided pursuant to subsection 3 of NRS 385.210 that directly
affects pupils, parents, teachers, administrators or other educational
personnel and a brief plan for implementation of the statutes, if any, to the
parents and legal guardians of pupils who are enrolled in public schools within
the school district and all teachers, administrators and other educational
personnel who are employed by the board of trustees. The written notice to the
parents and legal guardians may be:

(a) Included
in other notices that the board of trustees provides to parents and legal
guardians.

(b) Provided
in a language other than English if the board of trustees determines that it is
necessary for the parent or legal guardian to understand the notice.

2. Each
board of trustees may prescribe and enforce rules, not inconsistent with law or
rules prescribed by the state board ,[of education,] for its own government
and the government of public schools under its charge.

[2.]3. Each board of trustees shall prescribe
rules for the granting of permission to carry or possess a weapon pursuant to
NRS 202.265.

Sec. 4. The superintendent of public instruction and the
board of trustees of each school district shall provide information on statutes
and regulations in accordance with the amendatory provisions of [subsections
3 and 4]subsection
3 of section 1 of this act and subsection 1 of section 3 of this act for
all statutes and regulations that are effective on or after July 1, 1999.

616A.4851. [The books, records and
payrolls of an employer insured by the system must be open to inspection by the
administrator, the system or its auditor or agent or by auditors of the
department of taxation to determine:

(a) The
accuracy of the payroll;

(b) The number
of persons employed; and

(c) Any other
information necessary for the administration of chapters 616A to 617,
inclusive, of NRS.

2.]
The books, records and payroll of an employer who is self-insured, a member of
an association of self-insured public or private employers or insured by a
private carrier must be open to inspection by the administrator or his auditor
or agent [in the manner prescribed in subsection 1.

3.] to determine:

(a) The
accuracy of the payroll;

(b) The number
of persons employed; and

(c) Any other
information necessary for the administration of chapters 616A to 617,
inclusive, of NRS.

2.
The books, records and payroll of an employer who is insured by a private carrier
must be open to inspection by that private carrier or its auditor or agent in
the manner prescribed in subsection 1.

Sec. 23. NRS 616B.036 is hereby amended to read as
follows:

616B.036 1. [The system and private
carriers]A
private carrier may provide industrial insurance for an
organization or association of employers as a group if:

(a) The members of the organization or association are
engaged in a common trade or business; and

(b) The formation and operation of a program of industrial
insurance for the organization or association will substantially assist in the
handling of claims and the prevention of accidents for the employers as a
group.

2. Notwithstanding the provisions of subsection 1, [the
system and private carriers]a private carrier may provide industrial
insurance for an organization or association of employers as a group whose
members are not engaged in a common trade or business if:

(a) The organization or association of employers is formed
and maintained for purposes other than obtaining industrial insurance; and

(b) The contract or other agreement pursuant to which the [system
or the] private carrier will provide industrial insurance
for the organization or association provides that:

(1) A separate policy will be issued to each member of
the organization or association; and

(2) Other than the payment of premiums by the
organization or association, the organization or association and each of its
members are not liable for the cost of the administration of claims or the
compensation payable pursuant to the provisions of chapters 616A to 616D,
inclusive, or chapter 617 of NRS.

3. The commissioner must approve each organization or
association before a policy of industrial insurance may be issued to it as a
group pursuant to subsection 1 or 2.

4. The commissioner shall adopt regulations for the
qualification of organizations or associations of employers described in
subsections 1 and 2.

Sec. 37. NRS 616B.460 is hereby amended to read as
follows:

616B.4601. An employer may
elect to purchase industrial insurance from a private carrier for his employees
pursuant to chapters 616A to 617, inclusive, of NRS.

2. An employer may elect to purchase insurance from an
insurer other than his present insurer if the employer has:

(a) Given at least 10 days notice to the administrator of
the change of insurer; and

(b) Furnished evidence satisfactory to the administrator
that the payment of compensation has otherwise been secured.

3. Each private carrier [and the system]
shall notify the administrator if an employer has changed his insurer or has
allowed his insurance to lapse, within 15 days after the insurer has notice of
the change or lapse.

Sec. 39. NRS 616B.527 is hereby amended to read as
follows:

616B.527 A self-insured employer, an association of
self-insured public or private employers or a private carrier may:

1. Enter into a contract or contracts with one or more
organizations for managed care to provide comprehensive medical and health care
services to employees for injuries and diseases that are compensable pursuant
to chapters 616A to 617, inclusive, of NRS.

2. Enter into a contract or contracts with providers of
health care, including, without limitation, physicians who provide primary
care, specialists, pharmacies, physical therapists, radiologists, nurses,
diagnostic facilities, laboratories, hospitals and facilities that provide
treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable
pursuant to chapters 616A to 617, inclusive, of NRS.

employees for injuries and diseases that are compensable
pursuant to chapters 616A to 617, inclusive, of NRS.

3. [Use the services of an organization for managed care that has
entered into a contract with the manager pursuant to NRS 616B.515, but is not
required to use such services.

4.]
Require employees to obtain medical and health care services for their
industrial injuries from those organizations and persons with whom the
self-insured employer, association or private carrier has contracted pursuant
to subsections 1 and 2, or as the self-insured employer, association or private
carrier otherwise prescribes.

[5.] 4. Require employees to obtain the approval
of the self-insured employer, association or private carrier before obtaining
medical and health care services for their industrial injuries from a provider
of health care who has not been previously approved by the self-insured
employer, association or private carrier.

[6.] 5. An organization for managed care with
whom a self-insured employer, association of self-insured public or private
employers or a private carrier has contracted pursuant to this section shall
comply with the provisions of sections 2, 3 and 4 of [this act.] Assembly Bill No. 470 of this session.

Sec. 52. NRS 616C.090 is hereby amended to read as
follows:

616C.090 1. The administrator shall establish a panel of
physicians and chiropractors who have demonstrated special competence and
interest in industrial health to treat injured employees under chapters 616A to
616D, inclusive, or chapter 617 of NRS. Every employer whose insurer has not
entered into a contract with an organization for managed care or with providers
of health care services pursuant to NRS [616B.515 or]
616B.527 shall maintain a list of those physicians and chiropractors on the
panel who are reasonably accessible to his employees.

2. An injured employee whose employers insurer has not
entered into a contract with an organization for managed care or with providers
of health care services pursuant to NRS [616B.515 or]
616B.527 may choose his treating physician or chiropractor from the panel of
physicians and chiropractors. If the injured employee is not satisfied with the
first physician or chiropractor he so chooses, he may make an alternative
choice of physician or chiropractor from the panel if the choice is made within
90 days after his injury. The insurer shall notify the first physician or
chiropractor in writing. The notice must be postmarked within 3 working days
after the insurer receives knowledge of the change. The first physician or
chiropractor must be reimbursed only for the services he rendered to the
injured employee up to and including the date of notification. Any further
change is subject to the approval of the insurer, which must be granted or
denied within 10 days after a written request for such a change is received
from the injured employee. If no action is taken on the request within 10 days,
the request shall be deemed granted. Any request for a change of physician or
chiropractor must include the name of the new physician or chiropractor chosen
by the injured employee.

3. An injured employee whose employers insurer has
entered into a contract with an organization for managed care or with providers
of health care services pursuant to NRS [616B.515 or]
616B.527 must choose his treating physician or
chiropractor pursuant to the terms of that contract.

choose his treating physician or chiropractor pursuant to the
terms of that contract. If the injured employee is not satisfied with the first
physician or chiropractor he so chooses, he may make an alternative choice of
physician or chiropractor pursuant to the terms of the contract if the choice
is made within 90 days after his injury. If the injured employee, after
choosing his treating physician or chiropractor, moves to a county which is not
served by the organization for managed care or providers of health care
services named in the contract and the insurer determines that it is impractical
for the injured employee to continue treatment with the physician or
chiropractor, the injured employee must choose a treating physician or
chiropractor who has agreed to the terms of that contract unless the insurer
authorizes the injured employee to choose another physician or chiropractor.

4. Except when emergency medical care is required and
except as otherwise provided in NRS 616C.055, the insurer is not responsible
for any charges for medical treatment or other accident benefits furnished or
ordered by any physician, chiropractor or other person selected by the injured
employee in disregard of the provisions of this section or for any compensation
for any aggravation of the injured employees injury attributable to improper
treatments by such physician, chiropractor or other person.

5. The administrator may order necessary changes in a
panel of physicians and chiropractors and shall suspend or remove any physician
or chiropractor from a panel for good cause shown.

6. An injured employee may receive treatment by more than
one physician or chiropractor if the insurer provides written authorization for
such treatment.

(a) When the insurer determines that a claim should be
closed before all benefits to which the claimant may be entitled have been
paid, the insurer shall send a written notice of its intention to close the
claim to the claimant by first-class mail addressed to the last known address
of the claimant. The notice must include a statement that if the claimant does
not agree with the determination, he has a right to request a resolution of the
dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive. A
suitable form for requesting a resolution of the dispute must be enclosed with
the notice. The closure of a claim pursuant to this subsection is not effective
unless notice is given as required by this subsection.

(b) If the insurer does not receive a request for the resolution
of the dispute, it may close the claim.

(c) Notwithstanding the provisions of NRS 233B.125, if a
hearing is conducted to resolve the dispute, the decision of the hearing
officer may be served by first-class mail.

2. If, during the first 12 months after a claim is opened,
the medical benefits required to be paid for a claim are less than [$500,
the claim closes automatically. The claimant may not appeal the closing of such
a claim. The]$300,
the insurer may close the claim at any time after he sends, by first-class mail
addressed to the last known address of the claimant, written notice that:

(b) The
injured employee may appeal the closure of the claim pursuant to the provisions
of NRS 616C.305 and 616C.315 to 616C.385, inclusive; and

(c) If the
injured employee does not appeal the closure of the claim or appeals the
closure of the claim but is not successful, the claim cannot be reopened.

3. In
addition to the notice described in subsection 2, an insurer
shall send to each claimant who receives less than [$500]$300 in medical
benefits within 6 months after the claim is opened a written notice that
explains the circumstances under which a claim may be closed [automatically]
pursuant to [this subsection.]subsection 2. The written notice provided pursuant to this subsection does
not create any right to appeal the contents of that notice. The written notice
must be:

(a) Sent by first-class mail addressed to the last known
address of the claimant; and

(b) A document that is separate from any other document or
form that is used by the insurer.

4. The
closure of a claim pursuant to [this] subsection 2 is not effective unless notice is given as
required by [this subsection.] subsections 2 and 3.

Sec. 62.1. NRS 616C.330 is hereby amended to read as
follows:

616C.330 1. The hearing officer shall:

(a) Within 5 days after receiving a request for a hearing,
set the hearing for a date and time within 30 days after his receipt of the
request;

(b) Give notice by mail or by personal service to all
interested parties to the hearing at least 15 days before the date and time
scheduled; and

(c) Conduct hearings expeditiously and informally.

2. The notice must include a statement that the injured
employee may be represented by a private attorney or seek assistance and advice
from the Nevada attorney for injured workers.

3. If necessary to resolve a medical question concerning an
injured employees condition or to determine the necessity of treatment for
which authorization for payment has been denied, the hearing officer may refer
the employee to a physician or chiropractor of his choice who has demonstrated
special competence to treat the particular medical condition of the employee.
If the medical question concerns the rating of a permanent disability, the
hearing officer may refer the employee to a rating physician or chiropractor.
The rating physician or chiropractor must be selected in rotation from the list
of qualified physicians and chiropractors maintained by the administrator
pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured
employee otherwise agree to a rating physician or chiropractor. The insurer
shall pay the costs of any medical examination requested by the hearing
officer.

4. If an
injured employee has requested payment for the cost of obtaining a second
determination of his percentage of disability pursuant to NRS 616C.100, the
hearing officer shall decide whether the determination of the higher percentage
of disability made pursuant to NRS 616C.100 is appropriate and, if so, may
order the insurer to pay to the employee an amount equal to the maximum
allowable fee established by the administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of
that physician or chiropractor for such service, whichever is less.

616C.260 for the
type of service performed, or the usual fee of that physician or chiropractor
for such service, whichever is less.

5. The
hearing officer may allow or forbid the presence of a court reporter and the
use of a tape recorder in a hearing.

[5.] 6. The hearing officer shall render his
decision within 15 days after:

(a) The hearing; or

(b) He receives a copy of the report from the medical
examination he requested.

[6.] 7. The hearing officer shall render his
decision in the most efficient format developed by the chief of the hearings
division of the department of administration.

[7.] 8. The hearing officer shall give notice of
his decision to each party by mail. He shall include with the notice of his
decision the necessary forms for appealing from the decision.

[8.] 9. Except as otherwise provided in NRS
616C.380, the decision of the hearing officer is not stayed if an appeal from
that decision is taken unless an application for a stay is submitted by a
party. If such an application is submitted, the decision is automatically
stayed until a determination is made on the application. A determination on the
application must be made within 30 days after the filing of the application.
If, after reviewing the application, a stay is not granted by the hearing
officer or an appeals officer, the decision must be complied with within 10
days after the refusal to grant a stay.

Sec. 62.2. NRS 616C.360 is hereby amended to read as
follows:

616C.360 1. A stenographic or electronic record must be
kept of the hearing before the appeals officer and the rules of evidence
applicable to contested cases under chapter 233B of NRS apply to the hearing.

2. The appeals officer must hear any matter raised before
him on its merits, including new evidence bearing on the matter.

3. If necessary to resolve a medical question concerning
an injured employees condition or to determine the necessity of treatment for
which authorization for payment has been denied, the appeals officer may refer
the employee to a physician or chiropractor of his choice who has demonstrated
special competence to treat the particular medical condition of the employee.
If the medical question concerns the rating of a permanent disability, the
appeals officer may refer the employee to a rating physician or chiropractor.
The rating physician or chiropractor must be selected in rotation from the list
of qualified physicians or chiropractors maintained by the administrator
pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured
employee otherwise agree to a rating physician or chiropractor. The insurer
shall pay the costs of any examination requested by the appeals officer.

4. If an
injured employee has requested payment for the cost of obtaining a second
determination of his percentage of disability pursuant to NRS 616C.100, the
appeals officer shall decide whether the determination of the higher percentage
of disability made pursuant to NRS 616C.100 is appropriate and, if so, may
order the insurer to pay to the employee an amount equal to the maximum
allowable fee established by the administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of
that physician or chiropractor for such service, whichever is less.

616C.260 for the
type of service performed, or the usual fee of that physician or chiropractor
for such service, whichever is less.

5. Any
party to the appeal or the appeals officer may order a transcript of the record
of the hearing at any time before the seventh day after the hearing. The
transcript must be filed within 30 days after the date of the order unless the
appeals officer otherwise orders.

[5.] 6. The appeals officer shall render his
decision:

(a) If a transcript is ordered within 7 days after the
hearing, within 30 days after the transcript is filed; or

(b) If a transcript has not been ordered, within 30 days
after the date of the hearing.

[6.] 7. The appeals officer may affirm, modify or
reverse any decision made by the hearing officer and issue any necessary and
proper order to give effect to his decision.

Sec. 71. NRS 616D.250 is hereby amended to read as
follows:

616D.250 1. [Any employer insured by
the system who refuses to submit his books, records and payroll for inspection,
as provided by NRS 616A.485, to a representative of the system or the
administrator, or to an auditor from the department of taxation presenting
written authority for the inspection, is subject to a penalty of $1,000 for
each offense, to be collected by a civil action in the name of the system or
the administrator.

2.]
A self-insured employer, a member of an association of self-insured public or
private employers or an employer insured by a private carrier who refuses to
submit his books, records and payroll to the administrator or the private
carrier for inspection as provided by NRS 616A.485 is subject to a penalty of
$1,000 for each offense, to be collected by a civil action in the name of the
administrator or the private carrier, as applicable.

[3.] 2. The person who [gives]makes such refusal
is guilty of a misdemeanor.

Sec. 85. NRS 218.610 is hereby amended to read as follows:

218.610As used in NRS 218.610 to
218.735, inclusive, and sections 7 and 8 of [this act,]Assembly
Bill No. 631 of this session, agency of the state includes all
offices, departments, boards, commissions [or] and institutions of the
state . [,
and the state industrial insurance system.]

Sec. 96.5. NRS 284.140 is hereby amended to read as
follows:

284.140The unclassified service
of the state consists of positions held by state officers or employees in the
executive department of the state government as follows:

1. Persons chosen by election or appointment to fill an
elective office.

2. Members of boards and commissions, and heads of
departments, agencies and institutions required by law to be appointed.

3. At the discretion of the elective officer or head of
each department, agency or institution, one deputy and one chief assistant in
each department, agency or institution.

4. Except as otherwise provided in NRS 223.085 and section 86.8 of this act,
all persons required by law to be appointed by the governor or heads of
departments or agencies appointed by the governor or by boards.

5. All employees other than clerical in the office of the
attorney general and the state public defender required by law to be appointed
by the attorney general or the state public defender.

6. Except as otherwise provided by the board of regents of
the University of Nevada pursuant to NRS 396.251, officers and members of the
teaching staff and the staffs of the agricultural extension department and
experiment station of the University and Community College System of Nevada, or
any other state institution of learning, and student employees of these
institutions. Custodial, clerical or maintenance employees of these
institutions are in the classified service. The board of regents of the
University of Nevada shall assist the director in carrying out the provisions
of this chapter applicable to the University and Community College System of
Nevada.

7. Officers and members of the Nevada National Guard.

8. Persons engaged in public work for the state but
employed by contractors when the performance of the contract is authorized by
the legislature or another competent authority.

9. Patient and inmate help in state charitable, penal,
mental and correctional institutions.

10. Part-time professional personnel who are paid for any
form of medical, nursing or other professional service and who are not engaged
in the performance of administrative or substantially recurring duties.

11. All other officers and employees authorized by law to
be employed in the unclassified service.

Sec. 115. NRS 680B.027 is hereby amended to read as
follows:

680B.0271. Except as otherwise
provided in NRS 680B.033 and 680B.050, and section 14 of [this act,]Assembly Bill No. 673 of this
session, for the privilege of transacting business in this state,
each insurer shall pay to the department of taxation a tax upon his net direct
premiums and net direct considerations written at the rate of 3.5 percent.

2. The tax must be paid in the manner required by NRS
680B.030 and 680B.032.

3. The commissioner or the executive director of the
department of taxation may require at any time verified supplemental statements
with reference to any matter pertinent to the proper assessment of the tax.

[4. For the purposes of this section, insurer includes the
state industrial insurance system.]

Sec. 140. 1. This section, section 27, subsection 1 of
section 127, and sections 128 and 129 of this act become effective upon passage
and approval.

2. Subsection 1 of section 132 of this act becomes
effective on June 1, 1999.

6. Sections 20, 24, 25, 26 and 96 of this act become
effective on the date the governor issues a proclamation pursuant to subsection
1 of section 129 of this act.

7. Sections 29 and 126.5 of this act become effective on
the date the governor issues a proclamation pursuant to subsection 1 of section
129 of this act, only if the governor issues the proclamation before October 1,
1999.

8. Section 29.5 of this act becomes effective:

(a) At 12:01 a.m. on October 1, 1999, only if the governor
issues a proclamation pursuant to subsection 1 of section 129 of this act on
October 1, 1999; or

(b) On the date the governor issues a proclamation pursuant
to subsection 1 of section 129 of this act, only if the governor issues the
proclamation after October 1, 1999.

10. Sections 1, 4 to 12, inclusive, 13 to 19, inclusive,
21, 22, 23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to
57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80, inclusive,
81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to [115,]114, inclusive, 118
to 121, inclusive, 123 to 126, inclusive, subsection 2 of section 127, 131,
subsection 2 of section 132, 133, 134, 136 to 139, inclusive, and 141 of this
act become effective on January 1, 2000, only if, on that date, the manager of
the state industrial insurance system transfers the assets of the state
industrial insurance system to a domestic mutual insurance company pursuant to
section 129 of this act.

11. [Section]Sections 63 and 115 of this act [becomes]become effective at
12:01 a.m. on January 1, 2000, only if, on that date, the manager of the state
industrial insurance system transfers the assets of the state industrial
insurance system to a domestic mutual insurance company pursuant to section 129
of this act.

12. Sections 20, 96, 116 , [and]
122 and 126.3 of
this act expire by limitation on January 1, 2000, if the manager of the state
industrial insurance system transfers the assets of the state industrial
insurance system to a domestic mutual insurance company pursuant to section 129
of this act.

13. Section 8 of this act expires by limitation on June
30, 2003.

14. Section 100 of this act expires by limitation on May
1, 2013.

2. Chapter 388, Statutes of Nevada 1999, at page 1764,
is hereby amended by adding thereto a new section to be designated as section
20.6, immediately following section 20.5, to read as follows:

Sec. 20.6. NRS 616B.018 is hereby amended to read as
follows:

616B.018 1. The administrator shall establish a method of
indexing claims for compensation that will make information concerning the
claimants of an insurer available to other insurers and the fraud control unit
for industrial insurance established pursuant to NRS 228.420.

2. Every insurer shall provide the following information
if required by the administrator for establishing and maintaining the index of claims:

(a) The first name, last name, middle initial, if any, date
of birth and social security number of the injured employee;

(b) The name and tax identification number of the employer
of the injured employee;

(c) If the employer of the injured employee is a member of
an association of self-insured public or private employers, the name and tax
identification number of that association;

(d) The name and tax identification number of the insurer,
unless the employer of the injured employee is self-insured and this
requirement would duplicate the information required pursuant to paragraph (b);

(e) The date upon which the employers policy of industrial
insurance that covers the claim became effective and the date upon which it
will expire or must be renewed;

(f) The number assigned to the claim by the insurer;

(g) The date of the injury or of the sustaining of the
occupational disease;

(h) The part of the body that was injured or the
occupational disease that was sustained by the injured employee;

(i) The percentage of disability as determined by the
rating physician or chiropractor;

(j) Which part of the body was permanently impaired, if
any;

(k) What type of accident or occupational disease that is
the subject of the claim;

(l) The date, if any, that the claim was closed; and

(m) If the claim has been closed, whether the closure was[:

(1) Automatic]
pursuant to the provisions of [subsection] :

(1) Subsection
2 of NRS 616C.235; or

(2) [Pursuant to the provisions of subsection] Subsection 1 of NRS
616C.235,

(a) In a format that is consistent with nationally
recognized standards for the reporting of data regarding industrial insurance;
and

(b) Electronically or in another medium approved by the
administrator.

4. The administrator shall ensure that the requirement for
an insurer to provide information pursuant to subsection 2 is administered in a
fair and equal manner so that an insurer is not required to provide more or a
different type of information than another insurer similarly situated.

5. The provisions of this section do not prevent the
administrator from:

(a) Conducting audits pursuant to the provisions of NRS
616B.003 and collecting information from such audits;

(b) Receiving and collecting information from the reports
that insurers must submit to the administrator pursuant to the provisions of
NRS 616B.009;

(c) Investigating alleged violations of the provisions of
chapters 616A to 617, inclusive, of NRS; or

(d) Enforcing the provisions of chapters 616A to 617,
inclusive, of NRS.

6. If an employee files a claim with an insurer, the
insurer is entitled to receive from the administrator a list of the prior
claims of the employee. If the insurer desires to inspect the files related to
the prior claims, he must obtain the written consent of the employee.

7. Any information obtained from the index of claims may
be admitted into evidence in any hearing before an appeals officer, a hearing
officer or the administrator.

8. The division may assess and collect a reasonable fee
for its services provided pursuant to this section. The fee must be payable
monthly or at such other intervals as determined by the administrator.

9. If the administrator determines that an insurer has
intentionally failed to provide the information required by subsection 2, the
administrator shall impose an administrative fine of $1,000 for the initial
violation, and a fine of $2,000 for a second or subsequent violation.

10. As used in this section, tax identification number
means the number assigned by the Internal Revenue Service of the United States
Department of the Treasury for identification.

477.0301. Except as otherwise
provided in this section, the state fire marshal shall enforce all laws and
adopt regulations relating to:

(a) The prevention of fire.

(b) The storage and use of [combustibles,]:

(1) Combustibles,
flammables and fireworks[.

(c) The storage
and use of explosives]; and

(2) Explosives
in any commercial construction, but not in mining or the control
of avalanches[.

(d)] ,

under those
circumstances that are not otherwise regulated by the division of industrial
relations of the department of business and industry pursuant to section 2 of
this act.

(c)
The safety, access, means and adequacy of exit in case of fire from mental and
penal institutions, facilities for the care of children, foster homes,
residential facilities for groups, facilities for intermediate care, nursing
homes, hospitals, schools, all buildings, except private residences, which are
occupied for sleeping purposes, buildings used for public assembly and all
other buildings where large numbers of persons work, live or congregate for any
purpose. As used in this paragraph, public assembly means a building or a
portion of a building used for the gathering together of 50 or more persons for
purposes of deliberation, education, instruction, worship, entertainment,
amusement or awaiting transportation, or the gathering together of 100 or more
persons in establishments for drinking or dining.

[(e)] (d) The suppression and punishment of arson
and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout
the state, but, except with respect to state-owned or state-occupied buildings,
his authority to enforce them or conduct investigations under this chapter does
not extend to a county whose population is 50,000 or more or which has been
converted into a consolidated municipality, except in those
local jurisdictions in those counties where he is requested to exercise that
authority by the chief officer of the organized fire department of that
jurisdiction.

those local jurisdictions in those counties where he is
requested to exercise that authority by the chief officer of the organized fire
department of that jurisdiction.

2. The state fire marshal may set standards for equipment
and appliances pertaining to fire safety or to be used for fire protection
within this state, including the threads used on fire hose couplings and
hydrant fittings.

3. The state fire marshal shall cooperate with the state
forester firewarden in the preparation of regulations relating to standards for
fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of
NRS 472.040.

4. The state fire marshal shall cooperate with the
division of child and family services of the department of human resources in
establishing reasonable minimum standards for overseeing the safety of and
directing the means and adequacy of exit in case of fire from family foster
homes and group foster homes.

5. The state fire marshal shall coordinate all activities
conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute
money allocated by the United States pursuant to that act.

6. Except as otherwise provided in subsection 10, the
state fire marshal shall:

(a) Investigate any fire which occurs in a county other
than one whose population is 50,000 or more or which has been converted into a
consolidated municipality, and from which a death results or which is of a
suspicious nature.

(b) Investigate any fire which occurs in a county whose
population is 50,000 or more or which has been converted into a consolidated
municipality, and from which a death results or which is of a suspicious
nature, if requested to do so by the chief officer of the fire department in
whose jurisdiction the fire occurs.

(c) Cooperate with the commissioner of insurance in any
investigation of a fraudulent claim under an insurance policy for any fire of a
suspicious nature.

(d) Cooperate with any local fire department in the investigation
of any report received pursuant to NRS 629.045.

(e) Provide specialized training in investigating the
causes of fires if requested to do so by the chief officer of an organized fire
department.

7. The state fire marshal shall put the National Fire
Incident Reporting System into effect throughout the state and publish at least
annually a summary of data collected under the system.

8. The state fire marshal shall provide assistance and
materials to local authorities, upon request, for the establishment of programs
for public education and other fire prevention activities.

9. The state fire marshal shall:

(a) Assist in checking plans and specifications for
construction;

(b) Provide specialized training to local fire departments;
and

(c) Assist local governments in drafting regulations and
ordinances,

on request or as he deems necessary.

10. In a county other than one whose population is 50,000
or more or which has been converted into a consolidated municipality, the state
fire marshal shall, upon request by a local government, delegate to the local
government by interlocal agreement all or a portion of his authority or duties if the local governments personnel and
programs are, as determined by the state fire marshal, equally qualified to
perform those functions.

authority or duties if the local governments personnel and
programs are, as determined by the state fire marshal, equally qualified to
perform those functions. If a local government fails to maintain the qualified
personnel and programs in accordance with such an agreement, the state fire
marshal shall revoke the agreement.

458.4001. The commission may
accept gifts, grants, appropriations and donations if its acceptance does not
reduce, limit or cause it to be in competition for money normally available to
local agencies and community programs, unless otherwise provided by a specific
statute.

2. All money received by the commission must be deposited
in the fund for substance abuse education, prevention, enforcement and
treatment which is hereby created as a special revenue fund.

3. The money in the fund may be used only to:

(a) Make grants pursuant to subsection 5 of NRS 458.420;
and

(b) Carry out the provisions of NRS 458.370 to 458.420,
inclusive[.] , and sections 7 and 8 of this act.

4. All claims against the fund must be paid as other
claims against the state are paid.

5. Any money received by the commission on the condition
that it be expended for a specific purpose must be accounted for separately in
the fund.

Sec. 16. NRS 62.2275 is hereby amended to read as follows:

62.22751. If a child within the
jurisdiction of the juvenile court is found by the juvenile court to have
committed:

(a) An unlawful act in violation of NRS 484.379 or
484.3795;

(b) The unlawful act of using, possessing, selling or
distributing a controlled substance; or

(c) The unlawful act of purchasing, consuming or possessing
an alcoholic beverage in violation of NRS 202.020,

the judge, or his authorized representative, shall require
the child to undergo an evaluation to determine if the child is an abuser of
alcohol or other drugs.

2. The evaluation of a child pursuant to this section:

(a) Must be conducted by:

(1) A counselor certified to make that classification
by the bureau of alcohol and drug abuse;

(2) A physician certified to make that classification
by the board of medical examiners; or

(3) A person who is approved to make that
classification by the bureau of alcohol and drug abuse,

who shall report to the judge the results of the evaluation
and make a recommendation to the judge concerning the length and type of
treatment required by the child.

(a) Order the child to undergo a program of treatment as
recommended by the person who conducted the evaluation pursuant to subsection
2.

(b) Require the treatment facility to submit monthly
reports on the treatment of the child pursuant to this section.

(c) Order the child, if he is at least 18 years of age or
an emancipated minor, or the parent or legal guardian of the child, to the
extent of the financial resources of the child or his parent or legal guardian,
to pay any charges relating to the evaluation and treatment of the child
pursuant to this section. If the child, or his parent or legal guardian, does
not have the financial resources to pay all those charges:

(1) The judge shall, to the extent possible, arrange
for the child to receive treatment from a treatment facility which receives a
sufficient amount of federal or state money to offset the remainder of the
costs; and

(2) The judge may order the child to perform supervised
work for the benefit of the community in lieu of paying the charges relating to
his evaluation and treatment. The work must be performed for and under the
supervising authority of a county, city, town or other political subdivision or
agency of the State of Nevada or a charitable organization that renders service
to the community or its residents. The court may require the child or his
parent or legal guardian to deposit with the court a reasonable sum of money to
pay for the cost of policies of insurance against liability for personal injury
and damage to property or for industrial insurance, or both, during those
periods in which the child performs the work, unless, in the case of industrial
insurance, it is provided by the authority for which he performs the work.

4. A treatment facility is not liable for any damages to
person or property caused by a child who:

(a) Drives, operates or is in actual physical control of a
vehicle or a vessel under power or sail while under the influence of
intoxicating liquor or a controlled substance; or

(b) Engages in any other conduct prohibited by NRS 484.379,
484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any
other jurisdiction that prohibits the same or similar conduct,

after the treatment facility has certified to his successful
completion of a program of treatment ordered pursuant to this section.

5. The provisions of this section do not prohibit a judge
from:

(a) Requiring an evaluation to be conducted by a person who
is employed by a private company if the company meets the standards of the
bureau of alcohol and drug abuse. Such an evaluation may be conducted at an
evaluation center pursuant to paragraph (b) of subsection 2.

(b) Ordering the child to attend a program of treatment
which is administered by a private company.

6. All information relating to the evaluation or treatment
of a child pursuant to this section is confidential and, except as otherwise
authorized by the provisions of this chapter or the juvenile court, must not be
disclosed to any person other than the juvenile court, the child and his
attorney, if any, his parents or guardian, the prosecuting attorney and any
other person for whom the communication of that information is necessary to
effectuate the evaluation or treatment of the child.

child. A record of any finding that a child has violated the
provisions of NRS 484.379 or 484.3795 must be included in the drivers record
of that child for 7 years after the date of the offense.

7. As used in this section:

(a) Bureau of alcohol and drug abuse means the bureau of
alcohol and drug abuse in [the rehabilitation division of] the
department of [employment, training and rehabilitation.] human resources.

(b) Evaluation center has the meaning ascribed to it in
NRS 484.3793.

(c) Treatment facility has the meaning ascribed to it in
NRS 484.3793.

Sec. 24. NRS 484.37937 is hereby amended to read as
follows:

484.379371. Except as otherwise
provided in subsection 2, a person who is found guilty of a first violation of
NRS 484.379 may, at that time or any time before he is sentenced, apply to the
court to undergo a program of treatment for alcoholism or drug abuse which is
certified by the bureau of alcohol and drug abuse [of the rehabilitation
division of]in
the department of [employment, training and rehabilitation]human resources for
at least 6 months. The court shall authorize such treatment if:

(a) The person is diagnosed as an alcoholic or abuser of
drugs by a:

(1) Counselor or other person certified to make that
diagnosis by the bureau of alcohol and drug abuse [of the rehabilitation
division of]in the department of [employment, training and
rehabilitation;]human resources; or

(2) Physician certified to make that diagnosis by the
board of medical examiners;

(b) He agrees to pay the cost of the treatment to the
extent of his financial resources; and

(c) He has served or will serve a term of imprisonment in
jail of 1 day, or has performed or will perform 48 hours of work for the
community.

2. A person may not apply to the court to undergo a
program of treatment pursuant to subsection 1 if, within the immediately
preceding 7 years, he has been found guilty of:

(a) A violation of NRS 484.3795;

(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of intoxicating liquor
or a controlled substance or resulting from any other conduct prohibited by NRS
484.379 or 484.3795; or

(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph (a) or (b).

3. For the purposes of subsection 1, a violation of a law
of any other jurisdiction that prohibits the same or similar conduct as NRS
484.379 constitutes a violation of NRS 484.379.

4. A prosecuting attorney may, within 10 days after
receiving notice of an application for treatment pursuant to this section,
request a hearing on the question of whether the offender is eligible to
undergo a program of treatment for alcoholism or drug abuse. The court shall
order a hearing on the application upon the request of the prosecuting attorney
or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to
undergo such a program of treatment.

limited to the question of whether the offender is eligible
to undergo such a program of treatment.

5. At the hearing on the application for treatment, the
prosecuting attorney may present the court with any relevant evidence on the
matter. If a hearing is not held, the court shall decide the matter upon
affidavits and other information before the court.

6. If the court grants an application for treatment, the
court shall:

(a) Immediately sentence the offender and enter judgment
accordingly.

(b) Suspend the sentence of the offender for not more than
3 years upon the condition that the offender be accepted for treatment by a
treatment facility, that he complete the treatment satisfactorily and that he
comply with any other condition ordered by the court.

(c) Advise the offender that:

(1) If he is accepted for treatment by such a facility,
he may be placed under the supervision of the facility for a period not to
exceed 3 years and during treatment he may be confined in an institution or, at
the discretion of the facility, released for treatment or supervised aftercare
in the community.

(2) If he is not accepted for treatment by such a
facility or he fails to complete the treatment satisfactorily, he shall serve
the sentence imposed by the court. Any sentence of imprisonment must be reduced
by a time equal to that which he served before beginning treatment.

(3) If he completes the treatment satisfactorily, his
sentence will be reduced to a term of imprisonment which is no longer than that
provided for the offense in paragraph (c) of subsection 1 and a fine of not
more than the minimum fine provided for the offense in NRS 484.3792, but the
conviction must remain on his record of criminal history.

7. The court shall administer the program of treatment
pursuant to the procedures provided in NRS 458.320 and 458.330, except that the
court:

(a) Shall not defer the sentence, set aside the conviction
or impose conditions upon the election of treatment except as otherwise
provided in this section.

(b) May immediately revoke the suspension of sentence for a
violation of any condition of the suspension.

8. The court shall notify the department, on a form
approved by the department, upon granting the application of the offender for
treatment and his failure to be accepted for or complete treatment.

Sec. 25. NRS 484.3794 is hereby amended to read as follows:

484.37941. Except as otherwise
provided in subsection 2, a person who is found guilty of a second violation of
NRS 484.379 within 7 years may, at that time or any time before he is
sentenced, apply to the court to undergo a program of treatment for alcoholism
or drug abuse which is certified by the bureau of alcohol and drug abuse [of
the rehabilitation division of]in the department of [employment, training and
rehabilitation]human resources for at least 1 year if:

(a) He is diagnosed as an alcoholic or abuser of drugs by
a:

(1) Counselor or other person certified to make that
diagnosis by the bureau of alcohol and drug abuse [of the rehabilitation
division of]in the department of
[employment, training and rehabilitation;] human resources; or

in the
department of [employment, training and rehabilitation;]human resources; or

(2) Physician certified to make that diagnosis by the
board of medical examiners;

(b) He agrees to pay the costs of the treatment to the
extent of his financial resources; and

(c) He has served or will serve a term of imprisonment in
jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will
perform not less than 50 hours, but not more than 100 hours, of work for the
community.

2. A person may not apply to the court to undergo a
program of treatment pursuant to subsection 1 if, within the immediately
preceding 7 years, he has been found guilty of:

(a) A violation of NRS 484.3795;

(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of intoxicating liquor
or a controlled substance or resulting from any other conduct prohibited by NRS
484.379 or 484.3795; or

(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph (a) or (b).

3. For the purposes of subsection 1, a violation of a law
of any other jurisdiction that prohibits the same or similar conduct as NRS
484.379 constitutes a violation of NRS 484.379.

4. A prosecuting attorney may, within 10 days after
receiving notice of an application for treatment pursuant to this section,
request a hearing on the matter. The court shall order a hearing on the
application upon the request of the prosecuting attorney or may order a hearing
on its own motion.

5. At the hearing on the application for treatment, the
prosecuting attorney may present the court with any relevant evidence on the
matter. If a hearing is not held, the court shall decide the matter upon
affidavits and other information before the court.

6. If the court determines that an application for
treatment should be granted, the court shall:

(a) Immediately sentence the offender and enter judgment
accordingly.

(b) Suspend the sentence of the offender for not more than
3 years upon the condition that the offender be accepted for treatment by a
treatment facility, that he complete the treatment satisfactorily and that he
comply with any other condition ordered by the court.

(c) Advise the offender that:

(1) If he is accepted for treatment by such a facility,
he may be placed under the supervision of the facility for a period not to
exceed 3 years and during treatment he may be confined in an institution or, at
the discretion of the facility, released for treatment or supervised aftercare
in the community.

(2) If he is not accepted for treatment by such a
facility or he fails to complete the treatment satisfactorily, he shall serve
the sentence imposed by the court. Any sentence of imprisonment must be reduced
by a time equal to that which he served before beginning treatment.

(3) If he completes the treatment satisfactorily, his
sentence will be reduced to a term of imprisonment which is no longer than that
provided for the offense in paragraph (c) of subsection 1
and a fine of not more than the minimum provided for the offense in NRS
484.3792, but the conviction must remain on his record of criminal history.

provided for the offense in paragraph (c) of subsection 1 and
a fine of not more than the minimum provided for the offense in NRS 484.3792,
but the conviction must remain on his record of criminal history.

7. The court shall administer the program of treatment
pursuant to the procedures provided in NRS 458.320 and 458.330, except that the
court:

(a) Shall not defer the sentence, set aside the conviction
or impose conditions upon the election of treatment except as otherwise
provided in this section.

(b) May immediately revoke the suspension of sentence for a
violation of a condition of the suspension.

8. The court shall notify the department, on a form
approved by the department, upon granting the application of the offender for
treatment and his failure to be accepted for or complete treatment.

Sec. 42. 1. This
section and sections 1 to 12, inclusive,
14 to 41, inclusive, and 43 of this act [becomes] become effective on July
1, 1999.

2. Section 13
of this act becomes effective at 12:01 a.m. on July 1, 1999.

2. Chapter 394, Statutes of Nevada 1999, at page 1876,
is hereby amended by adding thereto new sections to be designated as sections
10.1 and 10.2, immediately following section 10, to read respectively as
follows:

Sec. 10.1. NRS 458.026 is hereby amended to read as
follows:

458.0261. An applicant for the
issuance or renewal of his certification as personnel of an alcohol or drug
abuse program or a facility shall submit to the bureau the statement prescribed
by the welfare division of the department of human resources pursuant to NRS
425.520. The statement must be completed and signed by the applicant.

2. The bureau shall include the statement required
pursuant to subsection 1 in:

(a) The application or any other forms that must be
submitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the bureau.

3. The certification of a person as personnel of an
alcohol or drug abuse program or a facility may not be issued or renewed by the
bureau if the applicant:

(a) Fails to complete or submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to
subsection 1 that he is subject to a court order for the support of a child and
is not in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the amount owed
pursuant to the order.

4. If an applicant indicates on the statement submitted
pursuant to subsection 1 that he is subject to a court order for the support of
a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order, the [administrator] director shall advise the
applicant to contact the district attorney or other public agency enforcing the
order to determine the actions that the applicant may take to satisfy the
arrearage.

1. Direct and supervise all administrative and technical
activities as provided by NRS 458.010 to 458.360, inclusive, subject to
administrative supervision by the [administrator of the
rehabilitation division of the department.] director.

2. Subject to the approval of the [administrator of the
rehabilitation division of the department,]director, appoint such
technical, clerical and operational staff as the execution of his duties and
the operation of the bureau may require.

3. Chapter 394, Statutes of Nevada 1999, at page 1891,
is hereby amended by adding thereto new sections to be designated as sections
36.1 and 36.2, immediately following section 36, to read respectively as
follows:

458.0261. An applicant for the
issuance or renewal of his certification as personnel of an alcohol or drug
abuse program or a facility , or
as the operator of a halfway house for alcohol and drug abusers, shall
submit to the bureau the statement prescribed by the welfare division of the
department of human resources pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The bureau shall include the statement required
pursuant to subsection 1 in:

(a) The application or any other forms that must be
submitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the bureau.

3. The certification of a person as personnel of an
alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and
drug abusers, may not be issued or renewed by the bureau if the
applicant:

(a) Fails to complete or submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to
subsection 1 that he is subject to a court order for the support of a child and
is not in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the amount owed
pursuant to the order.

4. If an applicant indicates on the statement submitted
pursuant to subsection 1 that he is subject to a court order for the support of
a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order, the director shall advise the
applicant to contact the district attorney or other public agency enforcing the
order to determine the actions that the applicant may take to satisfy the
arrearage.

62.22751. If a child within the
jurisdiction of the juvenile court is found by the juvenile court to have
committed:

(a) An unlawful act in violation of NRS 484.379 or
484.3795;

(b) The unlawful act of using, possessing, selling or
distributing a controlled substance; or

(c) The unlawful act of purchasing, consuming or possessing
an alcoholic beverage in violation of NRS 202.020,

the judge, or his authorized representative, shall require
the child to undergo an evaluation to determine if the child is an abuser of
alcohol or other drugs.

2. The evaluation of a child pursuant to this section:

(a) Must be conducted by:

(1) [A counselor certified] An alcohol and drug abuse counselor who
is licensed or certified or an alcohol and drug abuse counselor intern who is
certified pursuant to sections 2 to 44, inclusive, of this act to
make that classification [by the bureau of alcohol and drug abuse;] ; or

(2) A physician who is certified to make that classification
by the board of medical examiners
, [; or

(3) A
person who is approved to make that classification by the bureau of alcohol and
drug abuse,]

who shall report to the judge the results of the evaluation
and make a recommendation to the judge concerning the length and type of
treatment required by the child.

(b) May be conducted at an evaluation center.

3. The judge shall:

(a) Order the child to undergo a program of treatment as
recommended by the person who conducted the evaluation pursuant to subsection
2.

(b) Require the treatment facility to submit monthly
reports on the treatment of the child pursuant to this section.

(c) Order the child, if he is at least 18 years of age or
an emancipated minor, or the parent or legal guardian of the child, to the
extent of the financial resources of the child or his parent or legal guardian,
to pay any charges relating to the evaluation and treatment of the child
pursuant to this section. If the child, or his parent or legal guardian, does
not have the financial resources to pay all those charges:

(1) The judge shall, to the extent possible, arrange
for the child to receive treatment from a treatment facility which receives a
sufficient amount of federal or state money to offset the remainder of the
costs; and

(2) The judge may order the child to perform supervised
work for the benefit of the community in lieu of paying the charges relating to
his evaluation and treatment. The work must be performed for and under the
supervising authority of a county, city, town or other political subdivision or
agency of the State of Nevada or a charitable organization that renders service
to the community or its residents. The court may require
the child or his parent or legal guardian to deposit with the court a
reasonable sum of money to pay for the cost of policies of insurance against
liability for personal injury and damage to property or for industrial
insurance, or both, during those periods in which the child performs the work,
unless, in the case of industrial insurance, it is provided by the authority
for which he performs the work.

The court may require the child or his parent or legal
guardian to deposit with the court a reasonable sum of money to pay for the
cost of policies of insurance against liability for personal injury and damage
to property or for industrial insurance, or both, during those periods in which
the child performs the work, unless, in the case of industrial insurance, it is
provided by the authority for which he performs the work.

4. A treatment facility is not liable for any damages to
person or property caused by a child who:

(a) Drives, operates or is in actual physical control of a
vehicle or a vessel under power or sail while under the influence of
intoxicating liquor or a controlled substance; or

(b) Engages in any other conduct prohibited by NRS 484.379,
484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any
other jurisdiction that prohibits the same or similar conduct,

after the treatment facility has certified to his successful
completion of a program of treatment ordered pursuant to this section.

5. The provisions of this section do not prohibit a judge
from:

(a) Requiring an evaluation to be conducted by a person who
is employed by a private company if the company meets the standards of the
bureau of alcohol and drug abuse. [Such an]The evaluation may
be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

(b) Ordering the child to attend a program of treatment
which is administered by a private company.

6. All information relating to the evaluation or treatment
of a child pursuant to this section is confidential and, except as otherwise
authorized by the provisions of this chapter or the juvenile court, must not be
disclosed to any person other than the juvenile court, the child and his attorney,
if any, his parents or guardian, the prosecuting attorney and any other person
for whom the communication of that information is necessary to effectuate the
evaluation or treatment of the child. A record of any finding that a child has
violated the provisions of NRS 484.379 or 484.3795 must be included in the
drivers record of that child for 7 years after the date of the offense.

7. As used in this section:

(a) Bureau of alcohol and drug abuse means the bureau of
alcohol and drug abuse in the department of human resources.

(b) Evaluation center has the meaning ascribed to it in
NRS 484.3793.

(c) Treatment facility has the meaning ascribed to it in
NRS 484.3793.

Sec. 58.2. NRS 458.026 is hereby amended to read as
follows:

458.0261. An applicant for the
issuance or renewal of his certification as [personnel of an alcohol
or drug abuse program or a facility,] a detoxification technician or as the
operator of a halfway house for alcohol and drug abusers[,]
shall submit to the bureau the statement prescribed by the welfare division of
the department of human resources pursuant to NRS 425.520. The statement must
be completed and signed by the applicant.

2. The bureau shall include the statement required
pursuant to subsection 1 in:

(a) The application or any other forms that must be
submitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the bureau.

3. The certification of a person as [personnel of an alcohol
or drug abuse program or a facility,] a detoxification technician or as the
operator of a halfway house for alcohol and drug abusers[,]
may not be issued or renewed by the bureau if the applicant:

(a) Fails to complete or submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to
subsection 1 that he is subject to a court order for the support of a child and
is not in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the amount owed
pursuant to the order.

4. If an applicant indicates on the statement submitted
pursuant to subsection 1 that he is subject to a court order for the support of
a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order, the director shall advise the
applicant to contact the district attorney or other public agency enforcing the
order to determine the actions that the applicant may take to satisfy the
arrearage.

Sec. 61. NRS 458.043 is hereby amended to read as follows:

458.043As executive head of the
bureau, the chief shall:

1. Direct and supervise all administrative and technical
activities as provided by NRS 458.010 to [458.360,] 458.350, inclusive,
subject to administrative supervision by the director.

2. Subject to the approval of the director, appoint such
technical, clerical and operational staff as the execution of his duties and
the operation of the bureau may require.

Sec. 67. NRS 484.37937 is hereby amended to read as
follows:

484.379371. Except as otherwise
provided in subsection 2, a person who is found guilty of a first violation of
NRS 484.379 may, at that time or any time before he is sentenced, apply to the
court to undergo a program of treatment for alcoholism or drug abuse which is certified
by the bureau of alcohol and drug abuse in the department of human resources
for at least 6 months. The court shall authorize such treatment if:

(a) The person is diagnosed as an alcoholic or abuser of
drugs by [a:

(1) Counselor
or other person certified]:

(1) An
alcohol and drug abuse counselor who is licensed or certified pursuant to
sections 2 to 44, inclusive, of this act to make that diagnosis [by
the bureau of alcohol and drug abuse in the department of human resources; or

(2) Physician]; or

(2) A
physician who is certified to make that diagnosis by the board of
medical examiners;

(b) He agrees to pay the cost of the treatment to the
extent of his financial resources; and

(c) He has served or will serve a term of imprisonment in
jail of 1 day, or has performed or will perform 48 hours of work for the
community.

2. A person may not apply to the court to undergo a
program of treatment pursuant to subsection 1 if, within the immediately
preceding 7 years, he has been found guilty of:

(a) A violation of NRS 484.3795;

(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of intoxicating liquor
or a controlled substance or resulting from any other conduct prohibited by NRS
484.379 or 484.3795; or

(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph (a) or (b).

3. For the purposes of subsection 1, a violation of a law
of any other jurisdiction that prohibits the same or similar conduct as NRS
484.379 constitutes a violation of NRS 484.379.

4. A prosecuting attorney may, within 10 days after
receiving notice of an application for treatment pursuant to this section,
request a hearing on the question of whether the offender is eligible to
undergo a program of treatment for alcoholism or drug abuse. The court shall
order a hearing on the application upon the request of the prosecuting attorney
or may order a hearing on its own motion. The hearing must be limited to the
question of whether the offender is eligible to undergo such a program of
treatment.

5. At the hearing on the application for treatment, the
prosecuting attorney may present the court with any relevant evidence on the
matter. If a hearing is not held, the court shall decide the matter upon
affidavits and other information before the court.

6. If the court grants an application for treatment, the
court shall:

(a) Immediately sentence the offender and enter judgment
accordingly.

(b) Suspend the sentence of the offender for not more than
3 years upon the condition that the offender be accepted for treatment by a treatment
facility, that he complete the treatment satisfactorily and that he comply with
any other condition ordered by the court.

(c) Advise the offender that:

(1) If he is accepted for treatment by such a facility,
he may be placed under the supervision of the facility for a period not to
exceed 3 years and during treatment he may be confined in an institution or, at
the discretion of the facility, released for treatment or supervised aftercare
in the community.

(2) If he is not accepted for treatment by such a
facility or he fails to complete the treatment satisfactorily, he shall serve
the sentence imposed by the court. Any sentence of imprisonment must be reduced
by a time equal to that which he served before beginning treatment.

(3) If he completes the treatment satisfactorily, his
sentence will be reduced to a term of imprisonment which is no longer than that
provided for the offense in paragraph (c) of subsection 1 and a fine of not
more than the minimum fine provided for the offense in NRS 484.3792, but the
conviction must remain on his record of criminal history.

7. The court shall administer the program of treatment
pursuant to the procedures provided in NRS 458.320 and 458.330, except that the
court:

(a) Shall not defer the sentence, set aside the conviction
or impose conditions upon the election of treatment except as otherwise
provided in this section.

(b) May immediately revoke the suspension of sentence for a
violation of any condition of the suspension.

8. The court shall notify the department, on a form
approved by the department, upon granting the application of the offender for
treatment and his failure to be accepted for or complete treatment.

Sec. 68. NRS 484.3794 is hereby amended to read as
follows:

484.37941. Except as otherwise
provided in subsection 2, a person who is found guilty of a second violation of
NRS 484.379 within 7 years may, at that time or any time before he is
sentenced, apply to the court to undergo a program of treatment for alcoholism
or drug abuse which is certified by the bureau of alcohol and drug abuse in the
department of human resources for at least 1 year if:

(a) He is diagnosed as an alcoholic or abuser of drugs by [a:

(1) Counselor
or other person certified]:

(1) An
alcohol and drug abuse counselor who is licensed or certified pursuant to
sections 2 to 44, inclusive, of this act to make that diagnosis [by
the bureau of alcohol and drug abuse in the department of human resources; or

(2) Physician]; or

(2) A
physician who is certified to make that diagnosis by the board of
medical examiners;

(b) He agrees to pay the costs of the treatment to the
extent of his financial resources; and

(c) He has served or will serve a term of imprisonment in
jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will
perform not less than 50 hours, but not more than 100 hours, of work for the
community.

2. A person may not apply to the court to undergo a
program of treatment pursuant to subsection 1 if, within the immediately
preceding 7 years, he has been found guilty of:

(a) A violation of NRS 484.3795;

(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of intoxicating liquor
or a controlled substance or resulting from any other conduct prohibited by NRS
484.379 or 484.3795; or

(c) A violation of a law of any other jurisdiction that prohibits
the same or similar conduct as set forth in paragraph (a) or (b).

3. For the purposes of subsection 1, a violation of a law
of any other jurisdiction that prohibits the same or similar conduct as NRS
484.379 constitutes a violation of NRS 484.379.

4. A prosecuting attorney may, within 10 days after
receiving notice of an application for treatment pursuant to this section,
request a hearing on the matter. The court shall order a hearing on the
application upon the request of the prosecuting attorney or may order a hearing
on its own motion.

5. At the hearing on the application for treatment, the
prosecuting attorney may present the court with any relevant evidence on the
matter. If a hearing is not held, the court shall decide the matter upon
affidavits and other information before the court.

6. If the court determines that an application for
treatment should be granted, the court shall:

(a) Immediately sentence the offender and enter judgment
accordingly.

(b) Suspend the sentence of the offender for not more than
3 years upon the condition that the offender be accepted for treatment by a
treatment facility, that he complete the treatment satisfactorily and that he
comply with any other condition ordered by the court.

(c) Advise the offender that:

(1) If he is accepted for treatment by such a facility,
he may be placed under the supervision of the facility for a period not to
exceed 3 years and during treatment he may be confined in an institution or, at
the discretion of the facility, released for treatment or supervised aftercare
in the community.

(2) If he is not accepted for treatment by such a
facility or he fails to complete the treatment satisfactorily, he shall serve
the sentence imposed by the court. Any sentence of imprisonment must be reduced
by a time equal to that which he served before beginning treatment.

(3) If he completes the treatment satisfactorily, his
sentence will be reduced to a term of imprisonment which is no longer than that
provided for the offense in paragraph (c) of subsection 1 and a fine of not
more than the minimum provided for the offense in NRS 484.3792, but the
conviction must remain on his record of criminal history.

7. The court shall administer the program of treatment
pursuant to the procedures provided in NRS 458.320 and 458.330, except that the
court:

(a) Shall not defer the sentence, set aside the conviction
or impose conditions upon the election of treatment except as otherwise
provided in this section.

(b) May immediately revoke the suspension of sentence for a
violation of a condition of the suspension.

8. The court shall notify the department, on a form approved
by the department, upon granting the application of the offender for treatment
and his failure to be accepted for or complete treatment.

Sec. 15. Section 31 of chapter 390, Statutes of Nevada
1997, at page 1377, as amended by
section 29 of chapter 105, Statutes of Nevada 1999, at page 436, is
hereby amended to read as follows:

Sec. 31. 1. This section and sections 1 to 10, inclusive,
13 to 26, inclusive, and 27 to 30, inclusive, of this act become effective upon
passage and approval.

2. Sections 11 and 12 of this act become effective upon
passage and approval for the purpose of appointing members to the advisory
board on the repair of motor vehicles and on July 1, 1997, for all other purposes, and expire by limitation on [July 1, 1999.]

Sec. 18. 1. This section and sections 15 and 16 of this
act become effective upon passage and approval.

2. Sections 1 to [10,]8, inclusive, 12, 13[, 14]
and 17 of this act become effective on October 1, 1999.

3. [Section]Sections 9, 10 and 14 of this act become effective on
October 1, 1999, and expire by limitation on June 30, 2001.

4. Sections
9.1 and 11 of this act [becomes]become effective at
12:01 a.m. on July 1, 2001.

2. Chapter 395, Statutes of Nevada 1999, at page 1897,
is hereby amended by adding thereto a new section to be designated as section
9.1, immediately following section 9, to read as follows:

Sec. 9.1. NRS 487.530 is hereby amended to read as
follows:

487.530 As used in NRS 487.530 to 487.570, inclusive, and sections 6, 7 and 8 of this act, unless
the context otherwise requires, the words and terms defined in NRS 487.535 to
487.550, inclusive, have the meanings ascribed to them in those sections.

Section 1. Chapter 391 of NRS is hereby amended by adding
thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 3 of this section and except as otherwise
required as a result of NRS 286.537, the board of trustees of a school district
shall pay the cost for a licensed teacher to purchase one-fifth of a year of
service pursuant to subsection 2 of NRS 286.300 if:

(a) The
teacher is a member of the public employees retirement system and has at least
5 years of service;

(b) The
teacher has been employed as a licensed teacher in this state for at least 5
consecutive school years, regardless of whether the employment was with one or
more school districts in this state;

(c) Each
evaluation of the teacher conducted pursuant to NRS 391.3125 is at least
satisfactory for the years of employment required by paragraph (b); and

(d) In
addition to the years of employment required by paragraph (b), the teacher has
been employed as a licensed teacher for 1 school year at a school within the
school district which, for that school year, carries the designation of
demonstrating need for improvement pursuant to NRS 385.367.

2. Except as
otherwise provided in subsection 3, the board of trustees of a school district
shall pay the cost for a licensed teacher to purchase one-fifth of a year of service
for each year that a teacher is employed as a teacher at a school within the
school district that is described in paragraph (d) of subsection 1.

3. In no
event may the years of service purchased by a licensed teacher as a result of
subsection 2 of NRS 286.300 exceed 5 years.

4. The board
of trustees of a school district shall not:

(a) Assign or
reassign a licensed teacher to circumvent the requirements of this section.

695C.0501. Except as otherwise
provided in this chapter or in specific provisions of this Title, the
provisions of this Title are not applicable to any health maintenance
organization granted a certificate of authority under this chapter. This
provision does not apply to an insurer licensed and regulated pursuant to this
Title except with respect to its activities as a health maintenance
organization authorized and regulated pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance
organization granted a certificate of authority, or its representatives, must
not be construed to violate any provision of law relating to solicitation or
advertising by practitioners of a healing art.

3. Any health maintenance organization authorized under
this chapter shall not be deemed to be practicing medicine and is exempt from
the provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.170 to 695C.200,
inclusive, 695C.250 and 695C.265 and sections 15, 16 and 16.5 of [this
act]Assembly
Bill No. 515 of this session do not apply to a health maintenance
organization that provides health care services through managed care to
recipients of Medicaid under the
state plan for Medicaid or insurance pursuant to the childrens
health insurance program pursuant to a contract with the division of health
care financing and policy of the department of human resources. This subsection
does not exempt a health maintenance organization from any provision of this
chapter for services provided pursuant to any other contract.

5. The
provisions of sections 12 and 13 of this act apply to a health maintenance
organization that provides health care services through managed care to
recipients of Medicaid under the state plan for Medicaid.

Sec. 15. NRS 695C.330 is hereby amended to read as
follows:

695C.3301. The commissioner may
suspend or revoke any certificate of authority issued to a health maintenance
organization pursuant to the provisions of this chapter if he finds that any of
the following conditions exist:

(a) The health maintenance organization is operating
significantly in contravention of its basic organizational document, its health
care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060,
695C.070 and 695C.140, unless any amendments to those submissions have been
filed with and approved by the commissioner;

from any other information submitted pursuant to NRS 695C.060,
695C.070 and 695C.140, unless any amendments to those submissions have been
filed with and approved by the commissioner;

(b) The health maintenance organization issues evidence of
coverage or uses a schedule of charges for health care services which do not
comply with the requirements of NRS 695C.170 to 695C.200, inclusive, and
section 5 of [this act,]Senate Bill No. 56 of this session, or
695C.207[;] or section 12 or 13 of this act;

(c) The health care plan does not furnish comprehensive
health care services as provided for in NRS 695C.060;

(d) The state board of health certifies to the commissioner
that the health maintenance organization:

(1) Does not meet the requirements of subsection 2 of
NRS 695C.080; or

(2) Is unable to fulfill its obligations to furnish
health care services as required under its health care plan;

(e) The health maintenance organization is no longer
financially responsible and may reasonably be expected to be unable to meet its
obligations to enrollees or prospective enrollees;

(f) The health maintenance organization has failed to put
into effect a mechanism affording the enrollees an opportunity to participate
in matters relating to the content of programs pursuant to NRS 695C.110;

(g) The health maintenance organization has failed to put
into effect the system for complaints required by NRS 695C.260 in a manner
reasonably to dispose of valid complaints;

(h) The health maintenance organization or any person on
its behalf has advertised or merchandised its services in an untrue,
misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance
organization would be hazardous to its enrollees; or

(j) The health maintenance organization has otherwise
failed to comply substantially with the provisions of this chapter.

2. A certificate of authority must be suspended or revoked
only after compliance with the requirements of NRS 695C.340.

3. If the certificate of authority of a health maintenance
organization is suspended, the health maintenance organization shall not,
during the period of that suspension, enroll any additional groups or new
individual contracts, unless those groups or persons were contracted for before
the date of suspension.

4. If the certificate of authority of a health maintenance
organization is revoked, the organization shall proceed, immediately following
the effective date of the order of revocation, to wind up its affairs and shall
conduct no further business except as may be essential to the orderly conclusion
of the affairs of the organization. It shall engage in no further advertising
or solicitation of any kind. The commissioner may by written order permit such
further operation of the organization as he may find to be in the best interest
of enrollees to the end that enrollees are afforded the greatest practical
opportunity to obtain continuing coverage for health care.

287.0101. The governing body of
any county, school district, municipal corporation, political subdivision,
public corporation or other public agency of the State of Nevada may:

(a) Adopt and carry into effect a system of group life,
accident or health insurance, or any combination thereof, for the benefit of
its officers and employees, and the dependents of officers and employees who
elect to accept the insurance and who, where necessary, have authorized the
governing body to make deductions from their compensation for the payment of
premiums on the insurance.

(b) Purchase group policies of life, accident or health
insurance, or any combination thereof, for the benefit of such officers and
employees, and the dependents of such officers and employees, as have
authorized the purchase, from insurance companies authorized to transact the
business of such insurance in the State of Nevada, and, where necessary, deduct
from the compensation of officers and employees the premiums upon insurance and
pay the deductions upon the premiums.

(c) Provide group life, accident or health coverage through
a self-insurance reserve fund and, where necessary, deduct contributions to the
maintenance of the fund from the compensation of officers and employees and pay
the deductions into the fund. The money accumulated for this purpose through
deductions from the compensation of officers and employees and contributions of
the governing body must be maintained as an internal service fund as defined by
NRS 354.543. The money must be deposited in a state or national bank or credit
union authorized to transact business in the State of Nevada. Any independent
administrator of a fund created under this section is subject to the licensing
requirements of chapter 683A of NRS, and must be a resident of this state. Any
contract with an independent administrator must be approved by the commissioner
of insurance as to the reasonableness of administrative charges in relation to contributions
collected and benefits provided. The provisions of NRS 689B.030 to 689B.050,
inclusive, and sections 6 and 7 of
this act apply to coverage provided pursuant to this paragraph.

(d) Defray part or all of the cost of maintenance of a
self-insurance fund or of the premiums upon insurance. The money for
contributions must be budgeted for in accordance with the laws governing the
county, school district, municipal corporation, political subdivision, public
corporation or other public agency of the State of Nevada.

2. If a school district offers group insurance to its
officers and employees pursuant to this section, members of the board of
trustees of the school district must not be excluded from participating in the
group insurance. If the amount of the deductions from compensation required to
pay for the group insurance exceeds the compensation to which a trustee is
entitled, the difference must be paid by the trustee.

2. Chapter 430, Statutes of Nevada 1999, at page 2006,
is hereby amended by adding thereto new sections to be designated as sections
17 and 18, immediately following section 16, to read respectively as follows:

695C.0501. Except as otherwise
provided in this chapter or in specific provisions of this Title, the
provisions of this Title are not applicable to any health maintenance
organization granted a certificate of authority under this chapter. This
provision does not apply to an insurer licensed and regulated pursuant to this
Title except with respect to its activities as a health maintenance
organization authorized and regulated pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance
organization granted a certificate of authority, or its representatives, must
not be construed to violate any provision of law relating to solicitation or
advertising by practitioners of a healing art.

3. Any health maintenance organization authorized under
this chapter shall not be deemed to be practicing medicine and is exempt from
the provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.170 to 695C.200,
inclusive, 695C.250 and 695C.265 and
sections 15, 16 and 16.5 of this act do not apply to a health
maintenance organization that provides health care services through managed
care to recipients of Medicaid or insurance pursuant to the childrens health
insurance program pursuant to a contract with the division of health care
financing and policy of the department of human resources. This subsection does
not exempt a health maintenance organization from any provision of this chapter
for services provided pursuant to any other contract.

Sec. 18. 1. This section and section 17 of this act
become effective on September 30, 1999.

2. Sections 1 to 13, inclusive, of this act become
effective on October 1, 1999.

3. Sections 14, 15 and 16 of this act become effective at
12:01 a.m. on October 1, 1999.

62.0401. Except if the child
involved is subject to the exclusive jurisdiction of an Indian tribe, and
except as otherwise provided in this chapter, the court has exclusive original
jurisdiction in proceedings:

(a) Concerning any child living or found within the county
who is in need of supervision because he:

(1) Is a child who is subject to compulsory school
attendance and is a habitual truant from school;

(2) Habitually disobeys the reasonable and lawful
demands of his parents, guardian or other custodian, and is unmanageable; or

(3) Deserts, abandons or runs away from his home or
usual place of abode, and is in need of care or
rehabilitation.

and is in need of care or rehabilitation. The child must not
be considered a delinquent.

(b) Concerning any child living or found within the county
who has committed a delinquent act. A child commits a delinquent act if he
violates a county or municipal ordinance or any rule or regulation having the
force of law, or he commits an act designated a crime under the law of the
State of Nevada.

(c) Concerning any child in need of commitment to an
institution for the mentally retarded.

2. For the purposes of subsection 1, each of the following
acts shall be deemed not to be a delinquent act, and the court does not have
jurisdiction of a person who is charged with committing such an act:

(a) Murder or attempted murder and any other related
offense arising out of the same facts as the murder or attempted murder,
regardless of the nature of the related offense.

(b) Sexual assault or attempted sexual assault involving
the use or threatened use of force or violence against the victim and any other
related offense arising out of the same facts as the sexual assault or
attempted sexual assault, regardless of the nature of the related offense, if:

(1) The person was 16 years of age or older when the
sexual assault or attempted sexual assault was committed; and

(2) Before the sexual assault or attempted sexual
assault was committed, the person previously had been adjudicated delinquent
for an act that would have been a felony if committed by an adult.

(c) An offense or attempted offense involving the use or
threatened use of a firearm and any other related offense arising out of the
same facts as the offense or attempted offense involving the use or threatened
use of a firearm, regardless of the nature of the related offense, if:

(1) The person was 16 years of age or older when the
offense or attempted offense involving the use or threatened use of a firearm
was committed; and

(2) Before the offense or attempted offense involving
the use or threatened use of a firearm was committed, the person previously had
been adjudicated delinquent for an act that would have been a felony if
committed by an adult.

(d) A felony resulting in death or substantial bodily harm
to the victim and any other related offense arising out of the same facts as
the felony, regardless of the nature of the related offense, if:

(1) The felony was committed on the property of a
public or private school when pupils or employees of the school were present or
may have been present, at an activity sponsored by a public or private school
or on a school bus while the bus was engaged in its official duties; and

(2) The person intended to create a great risk of death
or substantial bodily harm to more than one person by means of a weapon, device
or course of action that would normally be hazardous to the lives of more than
one person.

(e) Any other offense if, before the offense was committed,
the person previously had been convicted of a criminal offense.

3. If a child is charged with a minor traffic offense, the
court may transfer the case and record to a justices or municipal court if the
judge determines that it is in the best interest of the
child.

Sec. 9. 1. This
section and sections 5, 6 and 7 of this act become effective on September 30,
1999.

2. Sections
1 [, 2, 5, 6 and 7] and 2 of this act become effective at 12:03
a.m. on October 1, 1999.

Sec. 88. Chapter 448,
Statutes of Nevada 1999, at page 2100, is hereby amended by adding thereto
new sections to be designated as sections 9.1 and 9.2, immediately following
section 9, to read as follows:

361.453 1. Except
as otherwise provided in this
section and NRS 354.705, section 1 of Assembly Bill No. 275 of
this session and section 2 of [this act,] Senate Bill No. 473 of this session, the
total ad valorem tax levy for all public purposes must not exceed $3.64 on each
$100 of assessed valuation, or a lesser or greater amount fixed by the state
board of examiners if the state board of examiners is directed by law to fix a
lesser or greater amount for that fiscal year.

2. Any levy
imposed by the legislature for the repayment of bonded indebtedness or the
operating expenses of the State of Nevada and any levy imposed by the board of
county commissioners pursuant to NRS
387.195 that is in excess of 50 cents on each $100 of assessed valuation of
taxable property within the county must not be included in calculating the
limitation set forth in subsection 1 on the total ad valorem tax levied within
the boundaries of the county, city or unincorporated town, if, in a county whose
population is 25,000 or less, or in a city or unincorporated town located
within that county:

to NRS 387.195
that is in excess of 50 cents on each $100 of assessed valuation of taxable
property within the county must not be included in calculating the limitation
set forth in subsection 1 on the total ad valorem tax levied within the
boundaries of the county, city or unincorporated town, if, in a county whose
population is 25,000 or less, or in a city or unincorporated town located
within that county:

(a) The
combined tax rate certified by the Nevada tax commission was at least $3.50 on
each $100 of assessed valuation on June 25, 1998;

(b) The
governing body of that county, city or unincorporated town proposes to its
registered voters an additional levy ad valorem above the total ad valorem tax
levy for all public purposes set forth in subsection 1;

(c) The
proposal specifies the amount of money to be derived, the purpose for which it
is to be expended and the duration of the levy; and

(d) The
proposal is approved by a majority of the voters voting on the question at a
general election or a special election called for that purpose.

3. The
duration of the additional levy ad valorem levied pursuant to subsection 2 must
not exceed 5 years. The governing body of the county, city or unincorporated
town may discontinue the levy before it expires and may not thereafter reimpose
it in whole or in part without following the procedure required for its
original imposition set forth in subsection 2.

4. A special
election may be held pursuant to subsection 2 only if the governing body of the
county, city or unincorporated town determines, by a unanimous vote, that an
emergency exists. The determination made by the governing body is conclusive
unless it is shown that the governing body acted with fraud or a gross abuse of
discretion. An action to challenge the determination made by the governing body
must be commenced within 15 days after the governing bodys determination is
final. As used in this subsection, emergency means any unexpected occurrence
or combination of occurrences which requires immediate action by the governing
body of the county, city or unincorporated town to prevent or mitigate a
substantial financial loss to the county, city or unincorporated town or to
enable the governing body to provide an essential service to the residents of
the county, city or unincorporated town.

Sec. 4. 1. This
section and sections 2 and 3 of
this act [becomes] become effective on July 1, 1999.

2. Section 1
of this act becomes effective at 12:01 a.m. on July 1, 1999.

483.4901. Except as otherwise
provided in this section, after a drivers license has been suspended or
revoked for an offense other than a second violation within 7 years of NRS
484.379 and one-half of the period during which the driver is not eligible for
a license has expired, the department may, unless the statute authorizing the
suspension prohibits the issuance of a restricted
license, issue a restricted drivers license to an applicant permitting the
applicant to drive a motor vehicle:

prohibits the issuance of a restricted license, issue a
restricted drivers license to an applicant permitting the applicant to drive a
motor vehicle:

(a) To and from work or in the course of his work, or both;
or

(b) To acquire supplies of medicine or food or receive
regularly scheduled medical care for himself or a member of his immediate
family.

Before a restricted license may be issued, the applicant must
submit sufficient documentary evidence to satisfy the department that a severe
hardship exists because the applicant has no alternative means of
transportation and that the severe hardship outweighs the risk to the public if
he is issued a restricted license.

2. A person who has been ordered to install a device in a
motor vehicle [which he owns or operates] pursuant to NRS
484.3943:

(a) Shall install the device not later than 21 days after
the date on which the order was issued; and

(b) May not receive a restricted license pursuant to this
section until:

(1) After at least [180 days]1 year of the period
during which he is not eligible for a license, if he was convicted of:

(I) [A violation of subsection 2 of NRS
484.377;

(II)]
A violation of NRS 484.3795 or a homicide resulting from driving or being in
actual physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance or resulting from any other conduct prohibited
by NRS 484.379 or 484.3795; or

[(III)] (II) A third or subsequent violation within 7 years of NRS
484.379;

(2) After at least [90]180 days of the period
during which he is not eligible for a license, if he was convicted of a [second
violation within 7 years of NRS 484.379;]violation of subsection 2 of NRS
484.377; or

(3) After at least 45 days of the period during which
he is not eligible for a license, if he was convicted of a first violation
within 7 years of NRS 484.379.

3. If the department has received a copy of an order
requiring a person to install a device in a motor vehicle [which he owns or operates]
pursuant to NRS 484.3943, the department shall not issue a restricted drivers
license to such a person pursuant to this section unless the applicant has
submitted proof of compliance with the order and subsection 2.

4. After a drivers license has been revoked pursuant to
subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection
1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may
issue a restricted drivers license to an applicant permitting the applicant to
drive a motor vehicle:

(a) If applicable, to and from work or in the course of his
work, or both; and

(b) If applicable, to and from school.

5. After a drivers license has been suspended pursuant to
NRS 483.443, the department may issue a restricted drivers license to an
applicant permitting the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the course of his
work, or both;

(b) To receive regularly scheduled medical care for himself
or a member of his immediate family; and

(c) If applicable, as necessary to exercise a court-ordered
right to visit a child.

6. A driver who violates a condition of a restricted
license issued pursuant to subsection 1 or by another jurisdiction is guilty of
a misdemeanor and, if the license of the driver was suspended or revoked for:

(a) A violation of NRS 484.379, 484.3795, or 484.384;

(b) A homicide resulting from driving or being in actual physical
control of a vehicle while under the influence of intoxicating liquor or a
controlled substance or resulting from any other conduct prohibited by NRS
484.379 or 484.3795; or

(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph (a) or (b),

the driver shall be punished in the manner provided pursuant
to subsection 2 of NRS 483.560.

7. The periods of suspensions and revocations required
pursuant to this chapter and NRS 484.384 must run consecutively, except as
otherwise provided in NRS 483.465 and 483.475, when the suspensions must run
concurrently.

8. Whenever the department suspends or revokes a license,
the period of suspension, or of ineligibility for a license after the revocation,
begins upon the effective date of the revocation or suspension as contained in
the notice thereof.

293.1771. Except as otherwise
provided in NRS 293.165, a name may not be printed on a ballot to be used at a
primary election unless the person named has filed a declaration of candidacy
or an acceptance of candidacy, and paid the fee required by NRS 293.193 not
earlier than the first Monday in May of the year in which the election is to be
held nor later than 5 p.m. on the third Monday in May.

2. A declaration of candidacy or an acceptance of
candidacy required to be filed by this section must be in substantially the
following form:

(a) For partisan office:

Declaration of
Candidacy of ........ for the

Office of
................

State of Nevada

County of...................................................

For the purpose of having my name placed on the official
ballot as a candidate for the ................ Party nomination for the office
of , I, the undersigned .., do swear or affirm under penalty of perjury
that I actually, as opposed to
constructively, reside at ., in the City or Town of .,
County of ., State of Nevada; that my actual , as
opposed to constructive, residence in the state, district, county, township,
city or other area prescribed by law to which the office pertains began on a
date at least 30 days [or more before] immediately preceding the date of the
close of filing of declarations of candidacy for this office; that I am
registered as a member of the ................

actual , as
opposed to constructive, residence in the state, district,
county, township, city or other area prescribed by law to which the office
pertains began on a date at least 30
days [or more before]immediately preceding the date of the close of
filing of declarations of candidacy for this office; that I am registered as a
member of the ................ Party; that I have not, in violation of the
provisions of NRS 293.176, changed the designation of my political party or
political party affiliation on an official application to register to vote in
any state since September 1 before the closing filing date for this election;
that I generally believe in and intend to support the concepts found in the
principles and policies of that political party in the coming election; that if
nominated as a candidate of the ................ Party at the ensuing election
I will accept that nomination and not withdraw; that I will not knowingly
violate any election law or any law defining and prohibiting corrupt and
fraudulent practices in campaigns and elections in this state; that I will
qualify for the office if elected thereto, including, but not limited to,
complying with any limitation prescribed by the constitution and laws of this
state concerning the number of years or terms for which a person may hold the
office; and that I understand that my name will appear on all ballots as
designated in this declaration.

(Designation of name)

(Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of [........, 19...] the month of of the year ..

........................................................

Notary Public or other person

authorized to administer an oath

(b) For nonpartisan office:

Declaration of
Candidacy of ........ for the

Office of
................

State of Nevada

County of...................................................

For the purpose of having my name placed on the official
ballot as a candidate for the office of ................, I, the undersigned
................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside
at , in the City or Town of ., County of , State of Nevada; that my
actual ,as opposed to constructive, residence
in the state, district, county, township, city or other area prescribed by law
to which the office pertains began on a date at least 30 days [or more before]immediately preceding
the date of the close of filing of declarations of candidacy for this office;
that if nominated as a nonpartisan candidate at the ensuing election I will
accept the nomination and not withdraw; that I will not
knowingly violate any election law or any law defining and prohibiting corrupt
and fraudulent practices in campaigns and elections in this state; that I will
qualify for the office if elected thereto, including, but not limited to,
complying with any limitation prescribed by the constitution and laws of this
state concerning the number of years or terms for which a person may hold the
office; and my name will appear on all ballots as designated in this
declaration.

nomination and not withdraw; that I will not knowingly
violate any election law or any law defining and prohibiting corrupt and
fraudulent practices in campaigns and elections in this state; that I will
qualify for the office if elected thereto, including, but not limited to,
complying with any limitation prescribed by the constitution and laws of this
state concerning the number of years or terms for which a person may hold the
office; and my name will appear on all ballots as designated in this
declaration.

(Designation of name)

(Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of [........, 19...] the month of of the year ..

........................................................

Notary Public or other person

authorized to administer an oath

3. A person may be a candidate under his given name and
surname, a contraction or familiar form of his given name followed by his
surname or the initial of his given name followed by his surname. A nickname of
not more than 10 letters may be incorporated into a candidates name. The
nickname must be in quotation marks and appear immediately before the candidates
surname. A nickname must not indicate any political, economic, social or
religious view or affiliation and must not be the name of any person, living or
dead, whose reputation is known on a statewide, nationwide or worldwide basis,
or in any other manner deceive a voter regarding the person or principles for
which he is voting.

4. The address of a candidate which must be included in
the declaration of candidacy or acceptance of candidacy pursuant to subsection
2 must be the street address of the residence where he actually , as opposed to constructively, resides[,]in accordance with NRS 281.050, if
one has been assigned. The declaration or acceptance of candidacy must not be
accepted for filing if the candidates address is listed as a post office box
unless a street address has not been assigned to his residence.

Sec. 12. NRS 293.200 is hereby amended to read as follows:

293.2001. An independent
candidate for partisan office must file with the appropriate filing officer:

(a) A copy of the petition of candidacy that he intends to
circulate for signatures. The copy must be filed not earlier than the January 2
preceding the date of the election and not later than 25 working days before
the last day to file the petition pursuant to subsection 4. The copy must also
be filed before the petition may be circulated.

(b) Either of the following:

(1) A petition of candidacy signed by a number of
registered voters equal to at least 1 percent of the total number of ballots
cast in [this state or in the county or district electing that officer] :

(I) This
state for that office at the last preceding general election in
which a person was elected to that office[.] , if the office is a statewide office;

(II) The
county for that office at the last preceding general election in which a person
was elected to that office, if the office is a county office; or

(III)
The district for that office at the last preceding general election in which a
person was elected to that office, if the office is a district office.

(2) A petition of candidacy signed by 250 registered
voters if the candidate is a candidate for statewide office, or signed by 100
registered voters if the candidate is a candidate for any office other than a
statewide office.

2. The petition may consist of more than one document.
Each document must bear the name of the county in which it was circulated and only
registered voters of that county may sign the document. If the office is not a
statewide office, only the registered voters of the county, district or
municipality in question may sign the document. The documents that are
circulated for signature in a county must be submitted to that county clerk for
verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive,
not later than 25 working days before the last day to file the petition
pursuant to subsection 4. Each person who signs the petition shall add to his
signature the address of the place at which he actually resides, the date that
he signs the petition and the name of the county where he is registered to
vote. The person who circulates each document of the petition shall sign an affidavit
attesting that the signatures on the document are genuine to the best of his
knowledge and belief and were signed in his presence by persons registered to
vote in that county.

3. The petition of candidacy may state the principle, if
any, which the person qualified represents.

4. Petitions of candidacy must be filed not earlier than
the first Monday in May preceding the general election and not later than 5
p.m. on the third Monday in May.

5. No petition of candidacy may contain the name of more
than one candidate for each office to be filled.

6. A person may not file as an independent candidate if he
is proposing to run as the candidate of a political party.

7. The names of independent candidates must be placed on
the general election ballot and must not appear on the primary election ballot.

8. If the candidacy of any person seeking to qualify
pursuant to this section is challenged, all affidavits and documents in support
of the challenge must be filed not later than 5 p.m. on the fourth Monday in
May. Any judicial proceeding resulting from the challenge must be set for
hearing not more than 5 days after the fourth Monday in May.

9. Any challenge pursuant to subsection 8 must be filed
with:

(a) The first judicial district court if the petition of
candidacy was filed with the secretary of state.

(b) The district court for the county where the petition of
candidacy was filed if the petition was filed with a county clerk.

10. An independent candidate for partisan office must file
a declaration of candidacy with the appropriate filing officer and pay the fee
required by NRS 293.193 not earlier than the first Monday in May of the year in
which the election is held nor later than 5 p.m. on the third Monday in May.

Sec. 27. NRS 293C.185 is hereby amended to read as
follows:

293C.1851. Except as otherwise provided in NRS 293C.190, a name may not
be printed on a ballot to be used at a primary city election, unless the person
named has filed a declaration of candidacy or an acceptance of candidacy and
paid the fee established by the governing body of the city not earlier than 70
days before the primary city election and not later than 5 p.m. on the 60th day
before the primary city election.

2. A declaration of candidacy required to be filed by this
section must be in substantially the following form:

Declaration of
Candidacy of ........ for the

Office of ................

State of Nevada

City of

For the purpose of having my name placed on the official
ballot as a candidate for the office of ................, I, the undersigned
................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside
at ......................, in the City or Town of ................, County of
.................., State of Nevada; that my actual , as opposed to constructive, residence in
the city, township or other area prescribed by law to which the office pertains
began on a date at least
30 days [or more before]immediately preceding the date of the close of
filing of declarations of candidacy for this office; that if nominated as a
candidate at the ensuing election I will accept the nomination and not
withdraw; that I will not knowingly violate any election law or any law
defining and prohibiting corrupt and fraudulent practices in campaigns and
elections in this state; that I will qualify for the office if elected thereto,
including, but not limited to, complying with any limitation prescribed by the
constitution and laws of this state concerning the number of years or terms for
which a person may hold the office; and my name will appear on all ballots as
designated in this declaration.

3. A person may be a candidate under his given name and
surname, a contraction or familiar form of his given name followed by his surname
or the initial of his given name followed by his surname. A nickname of not
more than 10 letters may be incorporated into a candidates name. The nickname
must be in quotation marks and appear immediately before the candidates
surname. A nickname must not indicate any political, economic, social or
religious view or affiliation and must not be the name of any person, living or
dead, whose reputation is known on a statewide, nationwide or worldwide basis,
or in any other manner deceive a voter concerning the person or principles for
which he is voting.

4. The address of a candidate that must be included in the
declaration or acceptance of candidacy pursuant to subsection 2 must be the
street address of the residence where he actually , as opposed to constructively, resides[,] in accordance with NRS 281.050,
if one has been assigned. The declaration or acceptance of candidacy must not
be accepted for filing if the candidates address is listed as a post office
box unless a street address has not been assigned to his residence.

2. Chapter 460, Statutes of Nevada 1999, at page 2172,
is hereby amended by adding thereto a new section to be designated as section
44, immediately following section 43, to read as follows:

Sec. 44. Section 12 of this act becomes effective at 12:02
a.m. on October 1, 1999.

1. Develop statistical plans including definitions for the
classification of risks.

2. Collect statistical data from its members and
subscribers or any other reliable source.

3. Prepare and distribute data
on [expenses and the basic premium rate or rates, adjusted for
expected changes in reported losses and expenses and for trends in losses and
expenses, according to its statistical plan.] prospective loss costs.

4. Prepare and distribute manuals of rules and schedules
for rating which do not permit calculating the final rates without using
information other than the information in the manual.

5. Distribute any information filed with the commissioner
which is open to public inspection.

6. Conduct research and collect statistics to discover,
identify and classify information on the causes and prevention of losses.

7. Prepare and file forms and endorsements for policies
and consult with its members, subscribers and any other knowledgeable persons
on their use.

8. Collect, compile and distribute information on the past
and current premiums charged by individual insurers if the information is
available for public inspection.

9. Conduct research and collect information to determine
what effect changes in benefits to injured employees pursuant to chapters 616A
to 617, inclusive, of NRS will have on [the basic premium rate or
rates.]
prospective loss costs.

10. Prepare and distribute rules and rating values for the
uniform plan for rating experience.

11. Calculate and provide to the insurer the modification
of premiums based on the individual employers losses.

12. Assist an individual insurer to develop rates,
supplementary rate information or other supporting information if authorized to
do so by the insurer.

686B.1771. The advisory organization
shall file with the commissioner a copy of every [basic premium rate, the
portion of the rate that is allowable for expenses as determined by the
advisory organization,]prospective loss cost, every manual of rating
rules, every rating schedule and every change, amendment or modification to
them which is proposed for use in this state at least 60 days before they are
distributed to the organizations members, subscribers or other persons. The
rates shall be deemed to be approved unless they are disapproved by the
commissioner within 60 days after they are filed.

2. The commissioner shall report any changes in rates or
in the uniform plan for rating experience, the uniform statistical plan or the
uniform system of classification, when approved, to the director of the
legislative counsel bureau.

[3. The rates filed by the advisory organization and approved
by the commissioner apply to every insurer. In no case may an insurers rate be
less than the approved rate by more than the following percentages:

(a) For the
period beginning on July 1, 1999, and ending on June 30, 2000, no variance.

(b) For the
period beginning on July 1, 2000, and ending on June 30, 2001, no more than a
15 percent variance.]

686B.1775 1. Each insurer shall file with the
commissioner all the rates , [and]
supplementary rate information, supporting
data, and changes and amendments thereof, except [for
the]any information
filed by the advisory organization, [at least]which the insurer intends to use
in this state. An insurer may adopt by reference any supplementary rate
information or supporting data that has been previously filed by that insurer
and approved by the commissioner. The filing must indicate the date the rates
will become effective. An insurer may file its rates pursuant to this
subsection by filing:

(a) Final
rates; or

(b) A multiplier
and, if used by an insurer, a premium charged to each policy of industrial
insurance regardless of the size of the policy
which, when applied to the prospective loss costs filed by the advisory
organization pursuant to NRS 686B.177, will result in final rates.

(a) Except as
otherwise provided in subsection 4, if the interaction among insurers and
employers is presumed or found to be competitive, not later than 15 days before
the date the rates become effective.

(b) If the
commissioner has issued a finding that the interaction is not competitive, not
later than 60 days before the rates become effective.

3. If
the information supplied by an insurer pursuant to [this]subsection 1 is
insufficient, the commissioner shall notify the insurer and [the
information shall be deemed to be filed when] require the insurer to provide
additional information. The filing must not be deemed complete or available for
use by the insurer and review by the commissioner must not commence until
all the information requested by the commissioner is received by him.

[2.] If the requested information is not received by the
commissioner within 60 days after its request, the filing may be disapproved
without further review.

4. If, after
notice to the insurer and a hearing, the commissioner finds that an insurers
rates require supervision because of the insurers financial condition or because
of rating practices which are unfairly discriminatory, the commissioner shall
order the insurer to file its rates, supplementary rate information, supporting
data and any other information required by the commissioner, at least 60 days
before they become effective.

5.
For any filing made by an insurer pursuant to this section, the commissioner
may authorize an earlier effective date for the rates upon a written request
from the insurer.

[3. Every]

6. Except as
otherwise provided in subsection 1, every rate filed by an
insurer must be filed in the form and manner prescribed by the commissioner.

[4. A rate filed with the commissioner pursuant to this
section that becomes effective before July 1, 2000, may not be increased or
decreased until July 1, 2000.]

7. As used in
this section, supporting data means:

(a) The
experience and judgment of the insurer and of other insurers or of the advisory
organization, if relied upon by the insurer;

(b) The
interpretation of any statistical data relied upon by the insurer;

(c) A
description of the actuarial and statistical methods employed in setting the
rates; and

(b) The
rates filed by insurers whose
interaction is competitive are inadequate or unfairly
discriminatory; or

[(b)] (c) The rates violate the provisions of this
chapter,

the commissioner may require the insurers to file information
supporting their existing rates. Before the commissioner may disapprove those
rates, he shall notify the insurers and hold a hearing on the rates and the
supplementary rate information.

2. The commissioner may disapprove any rate without a
hearing. Any insurer whose rates are disapproved in this manner may request in
writing and within 30 days after the disapproval that the commissioner conduct
a hearing on the matter.

2. Chapter 465, Statutes of Nevada 1999, at page 2225,
is hereby amended by adding thereto new sections to be designated as sections
25.1 and 25.2, immediately following section 25, to read respectively as
follows:

Sec. 25.1. Section 140 of chapter 388, Statutes of Nevada
1999, at page 1843, as amended by section 26.5 of chapter 582, Statutes of
Nevada 1999, at page 3148, is hereby amended to read as follows:

Sec. 140. 1. This section, section 27, subsection 1 of
section 127, and sections 128 and 129 of this act become effective upon passage
and approval.

2. Subsection 1 of section 132 of this act becomes
effective on June 1, 1999.

5. Sections 20.5, 35, 89, 117 and 139.4 of this act become
effective at 12:01 a.m. on July 1, 1999.

6. Sections 20, 24, 25, 26 and 96 of this act become
effective on the date the governor issues a proclamation pursuant to subsection
1 of section 129 of this act.

7. Sections 29 and 126.5 of this act become effective on
the date the governor issues a proclamation pursuant to subsection 1 of section
129 of this act, only if the governor issues the proclamation before October 1,
1999.

8. Section 29.5 of this act becomes effective:

(a) At 12:01 a.m. on October 1, 1999, only if the governor
issues a proclamation pursuant to subsection 1 of section 129 of this act on
October 1, 1999; or

(b) On the date the governor issues a proclamation pursuant
to subsection 1 of section 129 of this act, only if the governor issues the
proclamation after October 1, 1999.

10. Sections 1, 4 to 12, inclusive, 13 to 19, inclusive,
21, 22, 23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to
57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80, inclusive,
81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to 103, inclusive, 105 to
114, inclusive, 118 to 121, inclusive, 123 to 126, inclusive, subsection 2 of
section 127, 131, subsection 2 of section 132, 133, 134, 136 to 139, inclusive,
and 141 of this act become effective on January 1, 2000, only if, on that date,
the manager of the state industrial insurance system transfers the assets of
the state industrial insurance system to a domestic mutual insurance company
pursuant to section 129 of this act.

11. Sections 63 and 115 of this act become effective at
12:01 a.m. on January 1, 2000, only if, on that date, the manager of the state
industrial insurance system transfers the assets of the state industrial
insurance system to a domestic mutual insurance company pursuant to section 129
of this act.

12. Sections 20, 96, 116, 122 and 126.3 of this act expire
by limitation on January 1, 2000, if the manager of the state industrial
insurance system transfers the assets of the state industrial insurance system
to a domestic mutual insurance company pursuant to section 129 of this act.

422.2961.
At any hearing held pursuant to the provisions of subsection 2 of NRS 422.294,
opportunity must be afforded all parties to respond and present evidence and
argument on all issues involved.

2. Unless precluded by law, informal disposition may be
made of any hearing by stipulation, agreed settlement, consent order or
default.

3. The record of a hearing must include:

(a) All pleadings, motions and intermediate rulings.

(b) Evidence received or considered.

(c) Questions and offers of proof and objections, and
rulings thereon.

(d) Any decision, opinion or report by the hearing officer
presiding at the hearing.

4. Oral proceedings, or any part thereof, must be
transcribed on request of any party seeking judicial review of the decision.

5. Findings of fact must be based exclusively on
substantial evidence.

6. Any employee or other representative of the [welfare
division]
department who investigated or made the initial decision to deny,
modify or cancel a grant of public assistance or services shall not participate in the
making of any decision made pursuant to the hearing.

Sec. 25. Chapter 232 of NRS is hereby amended by adding
thereto a new section to read as follows:

Childrens
health insurance program has the meaning ascribed to it in section 2 of Senate
Bill No. 10 of this session.

Sec. 29. Chapter 439B of NRS is hereby amended by adding
thereto a new section to read as follows:

Childrens
health insurance program has the meaning ascribed to it in section 2 of Senate
Bill No. 10 of this session.

Sec. 39. Section 89 of chapter 550, Statutes of Nevada
1997, at page 2644, as amended by
section 74 of chapter 105, Statutes of Nevada 1999, at page 581, is
hereby amended to read as follows:

3. Sections 30, 30.5, 48, 54.5, 61 and 72 of this act
become effective at 12:02 a.m. on July 1, 1997.

4. Sections 31 and 55 of this act become effective at
12:03 a.m. on July 1, 1997.

5. Section 14.2 of this act becomes effective on July 1,
1998.

6. Sections [1 to 14.4, inclusive, 15 to 30,
inclusive, 31 to 54, inclusive, 55 to 80.3, inclusive, 80.5, 80.6, 80.7 and 84
of this act, and subsection 1 of section 81 of this act,]78 and 79 of this act expire
by limitation on June 30, 1999.

[(1)] (a) The undivided estate of the person who
received those benefits; and

[(2)] (b) Any recipient of money or property from
the undivided estate of the person who received those benefits.

[(b) Recover from the recipient of Medicaid or the person who
signed the application for Medicaid on behalf of the recipient an amount not to
exceed the benefits incorrectly paid to the recipient if the person who signed
the application:

(1) Failed
to report any required information to the welfare division which he knew at the
time he signed the application; or

(2) Failed
within the period allowed by the welfare division to report any required
information to the welfare division which he obtained after he filed the
application.]

2. The welfare division shall not recover benefits
pursuant to [paragraph (a) of] subsection 1, except
from a person who is neither a surviving spouse nor a child, until after the
death of the surviving spouse, if any, and only at a time when the person who
received the benefits has no surviving child who is under 21 years of age or is
blind or permanently and totally disabled.

3. Except as otherwise provided by federal law, if a
transfer of real or personal property by a recipient of Medicaid is made for
less than fair market value, the welfare division may pursue any remedy available
pursuant to chapter 112 of NRS with respect to the transfer.

4. The amount of Medicaid paid to or on behalf of a person
is a claim against the estate in any probate proceeding only at a time when
there is no surviving spouse or surviving child who is under 21 years of age or
is blind or permanently and totally disabled.

5. The state welfare administrator may elect not to file a
claim against the estate of a recipient of Medicaid or his spouse if he
determines that the filing of the claim will cause an undue hardship for the
spouse or other survivors of the recipient. The state welfare administrator
shall adopt regulations defining the circumstances that constitute an undue
hardship.

6. Any recovery of money obtained pursuant to this section
must be applied first to the cost of recovering the money. Any remaining money
must be divided among the Federal Government, the department and the county in
the proportion that the amount of assistance each contributed to the recipient
bears to the total amount of the assistance contributed.

7. [An action to recover money owed to the department as a result
of the payment of benefits for Medicaid must be commenced within 6 months after
the cause of action accrues. A cause of action accrues after all of the following
events have occurred:

(c) The death
of all children of the recipient of Medicaid who are blind or permanently and
totally disabled as determined in accordance with 42 U.S.C. § 1382c; and

(d) The arrival
of all other children of the recipient of Medicaid at the age of 21 years.] Any recovery by the welfare division
from the undivided estate of a recipient pursuant to this section must be paid
in cash to the extent of:

(a) The amount
of Medicaid paid to or on behalf of the recipient after October 1, 1993; or

(b) The value
of the remaining assets in the undivided estate,

whichever is
less.

2. Chapter 466, Statutes of Nevada
1999, at page 2248, is hereby amended by adding thereto new sections to be
designated as sections 51.1 to 51.4, inclusive, immediately following section
51, to read respectively as follows:

422.3041. The department,
through the division of health care financing and policy, shall pay, under the
state plan for Medicaid:

(a) A [freestanding] facility for hospice care
licensed pursuant to [NRS 449.030; or] chapter 449 of NRS for the services for hospice care, including
room and board, provided by that facility to a person who is eligible to
receive Medicaid.

(b) A program for hospice care licensed pursuant to [NRS
449.030,]
chapter 449 of NRS for the services for hospice care provided by
that [facility or] program to a person who is
eligible to receive Medicaid.

2. As used in this section:

(a) [Freestanding facility]Facility for hospice
care has the meaning ascribed to it in [NRS 449.006.] section 3 of this act.

200.5093 1. [A person required to make
a report pursuant to this section shall make the report immediately, but in no
event later than 24 hours after there is reason to believe that an older person
has been abused, neglected, exploited or isolated. The report must be made to:

(a)] Any person who is described in
subsection 4 and who, in his professional or occupational capacity, knows or
has reasonable cause to believe that an older person has been abused,
neglected, exploited or isolated shall:

(a) Except as
otherwise provided in subsection 2, report the abuse, neglect, exploitation or
isolation of the older person to:

(1) The
local office of the aging services division of the department of human
resources;

[(b)] (2) A police department or sheriffs office;

[(c)] (3) The countys office for protective
services, if one exists in the county where the suspected action occurred; or

[(d)] (4) A toll-free telephone service designated
by the aging services division of the department of human resources[.

If the report of]; and

(b) Make such
a report as soon as reasonably practicable but not later than 24 hours after
the person knows or has reasonable cause to believe that the older person has
been abused, neglected, exploited or isolated.

2. If a person
who is required to make a report pursuant to subsection 1 knows or has
reasonable cause to believe that the abuse, neglect, exploitation
or isolation of [an] the older person involves an act or omission
of the aging services division, another division of the department of human
resources or a law enforcement agency, the person shall make the report [must
be made] to an agency other than the one alleged to have
committed the act or omission.

3. Each
agency, after reducing [the]a report to writing, shall forward a copy of
the report to the aging services division of the department of human resources.

[2. Reports]

4. A report must
be made pursuant to subsection 1 by
the following persons : [who,
in their professional or occupational capacities, know or have reason to
believe that an older person is being or has been abused, neglected, exploited
or isolated:]

(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, physicians assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse counselor,
driver of an ambulance, advanced emergency medical technician or other person
providing medical services licensed or certified to practice in this state, who
examines, attends or treats an older person who appears to have been abused,
neglected, exploited or isolated.

(b) Any personnel of a hospital or similar institution
engaged in the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect, exploitation or
isolation of an older person by a member of the staff of the hospital.

(c) A coroner.

(d) Every clergyman, practitioner of Christian Science or
religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender
during a confession.

exploitation or isolation of the older person from the
offender during a confession.

(e) Every person who maintains or is employed by an agency
to provide nursing in the home.

(f) Every attorney, unless he has acquired the knowledge of
abuse, neglect, exploitation or isolation of the older person from a client who
has been or may be accused of such abuse, neglect, exploitation or isolation.

(g) Anyemployee of the department of human
resources.

(h) Anyemployee of a law enforcement agency or a
countys office for protective services or an adult or juvenile probation
officer.

(i) Anyperson who maintains or is employed by a
facility or establishment that provides care for older persons.

(j) Anyperson who maintains, is employed by or
serves as a volunteer for an agency or service which advises persons regarding
the abuse, neglect, exploitation or isolation of an older person and refers
them to persons and agencies where their requests and needs can be met.

(k) Every social worker.

(l) Any person who owns or is employed by a funeral home or
mortuary.

[3.]5. A report may be [filed]made by any other
person.

[4. A]

6. If a person
who is required to make
a report pursuant to [this section who]subsection 1 knows or has reasonable cause to
believe that an older person has died as a result of abuse, neglect or
isolation , the person
shall , as soon as reasonably
practicable, report this belief to the appropriate medical
examiner or coroner, who shall investigate the cause of death of the older
person and submit to the appropriate local law enforcement agencies, the
appropriate prosecuting attorney and the aging services division of the
department of human resources his written findings. The written findings must
include the information required pursuant to the provisions of NRS 200.5094,
when possible.

[5.]7. A division, office or department which
receives a report pursuant to this section shall cause the investigation of the
report to commence within 3 working days. A copy of the final report of the
investigation conducted by a division, office or department, other than the
aging services division of the department of human resources, must be forwarded
to the aging services division within 90 days after the completion of the
report.

[6.]8. If the investigation of [the] a report results in the
belief that [the]an older person is abused, neglected,
exploited or isolated, the aging services division of the department of human
resources or the countys office for protective services may provide protective
services to the older person if he is able and willing to accept them.

[7.]9. A person who knowingly and willfully
violates any of the provisions of this section is guilty of a misdemeanor.

133.0501. Any or all of the
attesting witnesses to any will may[, at the request of the testator, make and]
sign an affidavit before any person authorized to administer oaths in or out of
the state, stating such facts as they would be required to testify to in court
to prove the will. The affidavit must be written on the will[,]
or, if that is impracticable, on some paper attached thereto. The sworn
statement of any witness so taken must be accepted by the court [of
probate] as if it had been taken before the court.

2. The affidavit described in subsection 1 may be
substantially in form as follows:

State of Nevada...................................... }

}ss.

County of................................................. }

(Date)

Then and there personally appeared [the within-named]
................ and ................., who, being duly sworn, depose and say:
That they witnessed the execution of the [within]foregoing will of
the [within-named] testator,
................; that the testator subscribed the will and declared [the
same]it to
be his last will and testament in their presence; that they thereafter
subscribed the [same]will as witnesses in the presence of the
testator and in the presence of each other and at the request of the testator; and that the testator at
the time of the execution of the will appeared to them to be of full age and of
sound mind and memory . [,
and that they make this affidavit at the request of the testator.]

Affiant

Affiant

Subscribed and sworn to before me this .....

day of [........, 19...] the month of of the year .

......................................................

Notary Public

Sec. 184. NRS 141.020 is hereby amended to read as
follows:

141.020Letters testamentary may
be in substantially the following form ,[(]after properly entitling the court [and
cause): The last will of ................, deceased, having been duly admitted
to probate in our court, ................, who is named therein, was by our
court on the ..... day of ........, ........, duly appointed executor, who,
having qualified as such, is hereby authorized to act by virtue thereof. In
testimony whereof, I have officially signed these letters and affixed hereto
the seal of the court, this ..... day of ........, ........] :

On ...........
(day) ........... (month) ........... (year), the court entered an order
admitting the decedents will to probate and appointing (name)
as executor of the decedents estate. The order includes:

[] a directive for the establishment of a
blocked account for sums in excess of $...........;

[] a directive for the posting of a bond
in the sum of $...........; or

[] a directive for both the establishment
of a blocked account for sums in excess of $........... and the posting of a
bond in the sum of $............

The executor,
after being duly qualified, may act and has the authority and duties of an
executor.

In testimony
of which, I have this date signed these letters and affixed the seal of the
court.

CLERK OF THE
COURT

By

Deputy
Clerk (date)

OATH

I,................................................................................,
whose mailing address is
..............................................................................................,
solemnly affirm that I will faithfully perform according to law the duties of
executor, and that all matters stated in any petition or paper filed with the
court by me are true of my own knowledge or, if any matters are stated on
information and belief, I believe them to be true.

Executor

SUBSCRIBED AND
AFFIRMED before me this .............. (day) of ...................... (month)
of ........... (year).

CLERK OF COURT

By

Deputy Clerk

(or)

NOTARY PUBLIC

County of ..... ...
State of .....................

Sec. 354. NRS 150.080 is hereby amended to read as
follows:

150.080 [1. Whenever] Within 6 months after the appointment of a personal
representative, or sooner if required by the court , [or a judge thereof,
either] upon its [or his]
own motion[,]
or upon the [application of any person interested in the estate, the
executor or administrator must render and]petition of an interested person, a personal representative shall file with the clerk [a] the
first, verified account, showing:

[(b)]2. The claims filed or presented against the
estate, giving the name of each claimant, the nature of his claim, when it
became due or will become due, whether it was allowed or rejected by him , or not yet acted upon.

[(c)]3. All other matters necessary to show the
condition of the estate.

[2. If he neglects or refuses to appear and render such
account after having been duly cited, an attachment may be issued against him
and such accounting compelled, or his letters may be revoked, or both, in the
discretion of the court or judge.]

Sec. 455. 1.
If through inadvertence or mistake an order entered fails to state correctly
the order made by the court, and the inadvertence or mistake is brought to the
attention of the court by petition or the court acts on its own motion, the
court may enter an order nunc pro tunc correcting the previous order.

2. The order
nunc pro tunc must be in the form of an amended order and bear the caption
Amended Order of ..... The body of the amended order must be identical to the
order being corrected, except for the correction, and conclude with language
substantially as follows: This is an order nunc pro tunc correcting the
previous order of ...., dated .....

3. If the
order to be amended is many pages in length, the court may cause to be filed a
document captioned Amendment to Order of .... which addresses only the
correction, together with sufficient language to identify the correction, and
concludes with the same language as an amended order. Such an amendment to an
order must be accompanied by a petition, or an affidavit of counsel, specifying
the reasons for the correction.

4. The
original order may not be physically changed, but must be used in conjunction
with the order nunc pro tunc correcting it. In making corrections in the
amendment document, a complete clause or sentence must be stricken and
replaced, even if the only change is to correct a single word or figure.

Sec. 457. NRS 155.020 is hereby amended to read as
follows:

155.0201. Notice of a petition
for the probate of a will and the issuance of letters [testamentary or for
letters of administration] and the notice to creditors
must be given to:

(a) The persons respectively entitled thereto, including
the state welfare administrator, as provided in NRS 155.010; and

(b) The public, including creditors whose names and
addresses are not readily ascertainable, by publication on three dates of
publication before the hearing, and if the newspaper is published more than
once each week , there must be at least 10 days from the first to last dates of
publication, including both the first and last days.

2. Every publication required by this section must be made
in a newspaper [printed]published in the county where the proceedings
are pending, but if there is not such a newspaper, then in one having general
circulation in that county.

3. The notice of the hearing upon the petition to
administer the estate must be in substantially the following form:

NOTICE OF THE HEARING UPON THE PETITION TO

ADMINISTER THE ESTATE

Notice is hereby given that
................................ has filed in this court a petition for the
probate of a will and for letters testamentary, or for letters of
administration, of the estate of ................................, deceased,
and a hearing has been set for the .......... day of [................, 19......,]the month of , of the year ,
at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All
persons interested in the estate are notified to appear and show cause why the
petition should not be granted.

Dated

4. As soon as practicable after appointment, [every
executor or administrator]a personal representative shall, in addition
to publishing the notice to creditors, mail a copy of the notice to those
creditors whose names and addresses are readily ascertainable as of the date of first publication of
the notice and who have not already filed a claim. The notice
must be in substantially the following form:

NOTICE TO CREDITORS

Notice is hereby given that the undersigned has been
appointed and qualified by the (giving the title of the court and the date of
appointment) as [executor or administrator (as the case may be)]personal representative
of the estate of ................................, deceased. All creditors
having claims against the estate are required to file the claims with the clerk
of the court within .......... (60 or 90) days after the mailing or the first
publication (as the case may be) of this notice.

Dated

5. If before
the last day for the filing of a creditors claim under NRS 147.040, the personal
representative discovers the existence of a creditor who was not readily
ascertainable at the time of first publication of the notice to creditors, the
personal representative shall immediately mail a copy of the notice to the
creditor.

Sec. 516. NRS 164.040 is hereby amended to read as
follows:

164.040[Nothing in NRS 164.010
and 164.030 shall be deemed to limit or abridge]

1. NRS
164.010 and section 512 of this act do not limit or abridge the
power or jurisdiction of the district court over trusts and trustees.

2. The court
may enter any order or take any other action necessary or proper to dispose of
the matters presented by a petition, including the appointment of a temporary
trustee to administer the trust in whole or in part.

2. Chapter 467, Statutes of Nevada 1999, at page 2365,
is hereby amended by adding thereto new sections to be designated as sections
474.1 to 474.8, inclusive, immediately following section 474, to read
respectively as follows:

Sec. 474.1. NRS 156.010 is hereby amended to read as
follows:

156.010 If any resident of this state, who owns or is
entitled to the possession of any real or personal property situate therein, is
missing, or his whereabouts is unknown, for 90 days or more, and a [verified]
petition is presented to the district court of the county in which his last
known residence was located by any member of his family or any friend,
representing that his whereabouts has been, for such time, and still is,
unknown, and that his estate requires attention, supervision and care of
ownership, the court shall order such petition to be filed, and appoint a day
for its hearing, not less than 10 days from the date of the order.

Sec. 474.2. NRS 156.080 is hereby amended to read as
follows:

156.080 1. The trustee may sell any of the personal
property or sell, mortgage or give a deed of trust upon any of the real
property of the missing person when the court considers such an action to be in
the best interest of the estate and all parties concerned, including [legatees
and] devisees and those who would be, in case of the death
of the missing person, the heirs at law. For that purpose, the trustee may file
a petition with the court asking for an order authorizing such a sale, mortgage
or deed of trust.

2. The clerk shall set the petition for hearing and give
notice of the hearing, in the manner prescribed in NRS 155.010, to the persons
described in that section and to:

(a) Each of the persons who would be heirs at law of the
missing person if he were dead; and

(b) If it appears that the missing person left a will, each
[legatee and] devisee mentioned therein.

3. If the address of any such person is unknown, the
notice must be mailed by registered or certified mail to that person at the
county seat of the county in which the court is held, and the trustee shall
file his affidavit showing that the address is unknown and stating what efforts
he has made to learn the address.

Sec. 474.3. NRS 156.140 is hereby amended to read as
follows:

156.140 1. If a [verified]
petition is presented to the court having jurisdiction, as provided in NRS
156.130, by his spouse or any of his family or friends, representing that his
whereabouts has been for the required period and still is unknown and that he
left an estate which requires administration, the clerk of the court shall
appoint a day for hearing the petition, not less than 3 months from the date of
filing.

2. The petition may be for administration of the estate or
probate of the will of the person, as the case may be, and must be verified to
the best knowledge and belief of the petitioner.

3. The petition must set forth a statement of facts as
required in the case of administration of estates of deceased persons and must
contain allegations as to the last known place of residence of the missing
person, when he disappeared therefrom, the fact that he has not been heard from
by the person most likely to hear, naming the person and his relationship, for a period of 3 years or more, and the fact
that his whereabouts is unknown to the person and the petitioner.

relationship, for a period of 3 years or more, and the fact
that his whereabouts is unknown to the person and the petitioner.

Sec. 474.4. NRS 156.180 is hereby amended to read as
follows:

156.180 No distribution of the property of the missing
person to the heirs[,
devisees or legatees] or devisees of the missing person may be made
until the lapse of 1 year after the appointment and qualification of the
executor or administrator, unless the distributee gives a bond in a penal sum
not less than the value of the property distributed and for such additional
amount as the court prescribes, conditioned for the return of the property or
the value thereof to the personal
representative of the estate in case the missing person be adjudicated to be
still living since the commencement of the 3-year period, and also conditioned
to save the personal
representative of the estate harmless from the damages and expenses of all
suits brought by the missing person or anyone succeeding to his rights, by
reason of the distribution during the period of 1 year.

Sec. 474.5. NRS 156.190 is hereby amended to read as
follows:

156.190 1. If any person, within 1 year after the
appointment and qualification of a
personal representative, files a [verified]
petition, claiming to be the missing person, and causes a copy of the petition
to be served personally or by registered or certified mail upon the personal representative
and upon each of the persons entitled to share in the estate of the missing
person upon the death of the missing person, and the [legatees and]
devisees, the court shall determine the identity of the claimant at a hearing
for that purpose.

2. The court may, upon application or of its own motion,
require the claimant to give security to be approved by the court for all costs
and expenses involved in the hearing and ultimate determination of the action,
in case the outcome of the hearing be adverse to the claimant.

3. The petition must set forth the facts and circumstances
of the claimants disappearance and continued absence, and other facts and
circumstances upon which he relies for his identification.

Sec. 474.6. NRS 156.210 is hereby amended to read as
follows:

156.210 1. If any other person within 1 year after the
appointment and qualification of the representative files a [verified]
petition claiming that the missing person died subsequent to the commencement
of the 3‑year period provided herein, and the petitioner is entitled to
the property in the estate, or any portion thereof, as successor in interest to
the rights of the missing person, and if the petitioner causes a copy of the
petition to be served personally or by registered or certified mail upon the personal representative of
the estate and upon each of the heirs [, legatees]
and devisees, the court shall determine the truth of the facts claimed in the
petition.

2. The court may, upon application or on its own motion,
require the claimant to give security to be approved by the court for all costs
and expenses involved in the hearing and determination of the truth of the
facts contained in the petition, in case the hearing [be]is decided adverse to the
claimant.

3. If the hearing [be]is decided in favor of the
claimant, the court shall make and enter such order as the circumstances
require.

156.220 1. If no claims are made during the 1-year period
by any person claiming to be the missing person or a person claiming to have
succeeded to the rights of that person, a conclusive presumption arises that
the missing person died before the filing of the petition for the
administration of his estate or the probate of his will.

2. In such event , the estate must be finally distributed
accordingly, so far as the same has not already been accomplished, and the
court shall order the estate closed and all liability of sureties, the personal representative
and the distributees ended, and all bonds canceled.

Sec. 474.8. NRS 156.240 is hereby amended to read as
follows:

156.240 No claims against the estate of a missing person,
or against the personal
representative of the estate or any surety or distributee may be brought by any
person, including the missing person and persons claiming under him, after the
expiration of 5 years from the date of disappearance as determined in the
manner provided in NRS 156.160.

Sec. 4. The
criteria adopted by the state public works board or a governing body pursuant
to section 3 of this act to determine whether an applicant is qualified to bid
on a contract for a public work:

1. Must be
adopted in such a form that the determination of whether an applicant is
qualified to bid on a contract for a public work does not require or allow the
exercise of discretion by any one person.

2. May
include only:

(a) The
financial ability of the applicant to perform the contract;

(b) The
principal personnel of the applicant;

(c) Whether
the applicant has breached any contracts with a public agency or person in this
state or any other state; and

(d) Whether
the applicant has been disqualified from being awarded the contract pursuant to
NRS 338.017 or section 10 of this act.

(b) Associations of self-insured public or private
employers pursuant to NRS 616B.350 to 616B.446, inclusive; and

(c) Third-party administrators pursuant to chapter 683A of
NRS.

3. The department of administration is responsible for
contested claims relating to industrial insurance pursuant to NRS 616C.310 to
616C.385, inclusive. The administrator is responsible for administrative
appeals pursuant to NRS 616B.215.

4. The Nevada attorney for injured workers is responsible
for legal representation of claimants pursuant to NRS 616A.435 to 616A.460,
inclusive, and 616D.120.

5. The division is responsible for the investigation of
complaints. If a complaint is filed with the division, the administrator shall
cause to be conducted an investigation which includes a review of relevant
records and interviews of affected persons. If the administrator determines
that a violation may have occurred, the administrator shall proceed in
accordance with the provisions of NRS 616D.120 and 616D.130.

6. As used in
this section, employee leasing company has the meaning ascribed to it in NRS
616B.670.

Sec. 14. 1. This section and section 12 of this act
become effective on July 1, 1999.

2. Sections [1] 2 to 5,
inclusive, and 13 of this act become effective at 12:01 a.m. on July 1, 1999.

3. Section 1
of this act becomes effective at 12:02 a.m. on July 1, 1999.

Sec. 2. Chapter [481] 289 of NRS is hereby
amended by adding thereto a new section to read as follows:

As a condition of the certification of each peace officer,
the peace officers standards and training [committee]commission shall
require each peace officer to be trained in dealing with the crimes of stalking
and aggravated stalking, including, without limitation:

1. The manner in which a report from a person who claims
to be a victim of stalking or aggravated stalking should be taken;

2. The proper method of carrying out an investigation of
alleged stalking or aggravated stalking; and

483.9221. Except as otherwise
provided in NRS 484.383, a person who drives, operates or is in actual physical
control of a commercial motor vehicle within this state shall be deemed to have
given consent to an evidentiary test of his blood, urine, breath or other
bodily substance for the purpose of determining the [alcoholic content]concentration of alcohol in his blood or
breath or to detect the presence of a controlled substance, chemical, poison,
organic solvent or another prohibited substance.

2. The tests must be administered pursuant to NRS 484.383
at the direction of a police officer who, after stopping or detaining such a
person, has reasonable grounds to believe that the person was:

(a) Driving, operating or in actual physical control of a
commercial motor vehicle while under the influence of intoxicating liquor or a
controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 484.379
or 484.3795.

3. As used in this section, prohibited substance has the
meaning ascribed to it in section 20 of [this act.]Senate Bill No. 481 of this
session.

Sec. 7. NRS 484.379 is hereby amended to read as follows:

484.3791. It is unlawful for
any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has [0.10 percent] a concentration of alcohol of 0.10 or more [by
weight of alcohol] in his blood [;]or breath; or

(c) Is found by measurement within 2 hours after driving or
being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent]
or more [by weight of alcohol] in his blood [,]or breath,

to drive or be in actual physical control of a vehicle on a
highway or on premises to which the public has access.

2. It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicating liquor
and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or exercising
actual physical control of a vehicle,

to drive or be in actual physical control of a vehicle on a
highway or on premises to which the public has access. The fact that any person
charged with a violation of this subsection is or has been entitled to use that
drug under the laws of this state is not a defense against any charge of
violating this subsection.

3. It is unlawful for any person to drive or be in actual
physical control of a vehicle on a highway or on premises to which the public
has access with an amount of a prohibited substance in his blood or urine that
is equal to or greater than:

4. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after driving or being
in actual physical control of the vehicle, and before his blood or breath was tested, to
cause [the]him to have a concentration of alcohol of 0.10 or more in his
blood [to equal or exceed 0.10 percent.]or breath. A defendant who
intends to offer this defense at a trial or preliminary hearing must, not less
than 14 days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of that
intent.

Sec. 8. NRS 484.37943 is hereby amended to read as
follows:

484.379431. If a person is
found guilty of a first violation, if the [weight]concentration of
alcohol in the defendants blood or
breath at the time of the offense was 0.18 [percent]
or more, or any second violation of NRS 484.379 within 7 years, the court
shall, before sentencing the offender, require an evaluation of the offender
pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of
alcohol or other drugs.

2. If a person is convicted of a first violation of NRS
484.379 and he is under 21 years of age at the time of the violation, the court
shall, before sentencing the offender, require an evaluation of the offender
pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of
alcohol or other drugs.

3. Except as otherwise provided in subsection 4 or 5, the
evaluation of an offender pursuant to this section must be conducted at an
evaluation center by:

(a) An alcohol and drug abuse counselor who is licensed or
certified pursuant to sections 2 to 44, inclusive, of [this act]Senate Bill No. 210 of this
session to make that evaluation; or

(b) A physician who is certified to make that evaluation by
the board of medical examiners,

who shall report to the court the results of the evaluation
and make a recommendation to the court concerning the length and type of
treatment required for the offender.

4. The evaluation of an offender who resides more than 30
miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in
subsection 3.

center by a person who has the qualifications set forth in
subsection 3. The person who conducts the evaluation shall report to the court
the results of the evaluation and make a recommendation to the court concerning
the length and type of treatment required for the offender.

5. The evaluation of an offender who resides in another
state may, upon approval of the court, be conducted in the state where the
offender resides by a physician or other person who is authorized by the
appropriate governmental agency in that state to conduct such an evaluation.
The offender shall ensure that the results of the evaluation and the
recommendation concerning the length and type of treatment for the offender are
reported to the court.

6. An offender who is evaluated pursuant to this section
shall pay the cost of the evaluation. An evaluation center or a person who
conducts an evaluation in this state outside an evaluation center shall not
charge an offender more than $100 for the evaluation.

Sec. 9. NRS 484.3795 is hereby amended to read as follows:

484.37951. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration
of alcohol of 0.10 [percent] or more [by
weight of alcohol] in his blood [;]or breath;

(c) Is found by measurement within 2 hours after driving or
being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent]
or more [by weight of alcohol] in his blood [;]or breath;

(d) Is under the influence of a controlled substance or is
under the combined influence of intoxicating liquor and a controlled substance;

(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or exercising
actual physical control of a vehicle; or

(f) Has a prohibited substance in his blood or urine in an
amount that is equal to or greater than the amount set forth in subsection 3 of
NRS 484.379,

and does any act or neglects any duty imposed by law while
driving or in actual physical control of any vehicle on or off the highways of
this state, if the act or neglect of duty proximately causes the death of, or
substantial bodily harm to, a person other than himself, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 20
years and must be further punished by a fine of not less than $2,000 nor more
than $5,000. A person so imprisoned must, insofar as practicable, be segregated
from offenders whose crimes were violent and, insofar as practicable, be
assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge of
violating the provisions of subsection 1 in exchange for a plea of guilty,
guilty but mentally ill or nolo contendere to a lesser charge or for any other
reason unless he knows or it is obvious that the charge is not supported by
probable cause or cannot be proved at the time of trial. A sentence imposed
pursuant to subsection 1 may not be suspended nor may probation be granted.

3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after driving or being
in actual physical control of the vehicle, and before his blood or breath was tested, to
cause [the]him to have a concentration of alcohol of 0.10 or more in his
blood [to equal or exceed 0.10 percent.]or breath. A defendant who
intends to offer this defense at a trial or preliminary hearing must, not less
than 14 days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of that
intent.

4. If the defendant was transporting a person who is less
than 15 years of age in the motor vehicle at the time of the violation, the
court shall consider that fact as an aggravating factor in determining the
sentence of the defendant.

Sec. 10. NRS 484.382 is hereby amended to read as follows:

484.3821. Any person who drives
or is in actual physical control of a vehicle on a highway or on premises to
which the public has access shall be deemed to have given his consent to a
preliminary test of his breath to determine the [alcoholic content of]concentration of alcohol in
his breath when the test is administered at the direction of a police officer
at the scene of a vehicle accident or collision or where he stops a vehicle, if
the officer has reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle
while under the influence of intoxicating liquor or a controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 484.379
or 484.3795.

2. If the person fails to submit to the test, the officer
shall seize his license or permit to drive as provided in NRS 484.385 and
arrest him and take him to a convenient place for the administration of a
reasonably available evidentiary test under NRS 484.383.

3. The result of the preliminary test must not be used in
any criminal action, except to show there were reasonable grounds to make an
arrest.

Sec. 11. NRS 484.383 is hereby amended to read as follows:

484.3831. Except as otherwise
provided in subsections 3 and 4, any person who drives or is in actual physical
control of a vehicle on a highway or on premises to which the public has access
shall be deemed to have given his consent to an evidentiary test of his blood, urine,
breath or other bodily substance to determine the [alcoholic content of]concentration of alcohol
in his blood or breath or to determine whether a controlled substance,
chemical, poison, organic solvent or another prohibited substance is present,
if such a test is administered at the direction of a police officer having
reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle
while under the influence of intoxicating liquor or a controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 484.379
or 484.3795.

2. If the person to be tested pursuant to subsection 1 is
dead or unconscious, the officer shall direct that samples of blood from the
person be tested.

3. Any person who is afflicted with hemophilia or with a
heart condition requiring the use of an anticoagulant as determined by a physician
is exempt from any blood test which may be required pursuant to this section
but must, when appropriate pursuant to the provisions of this section, be
required to submit to a breath or urine test.

4. If the [alcoholic content of]concentration of alcohol in
the blood or breath of the person to be tested is in issue:

(a) Except as otherwise provided in this section, the
person may refuse to submit to a blood test if means are reasonably available
to perform a breath test.

(b) The person may request a blood test, but if means are
reasonably available to perform a breath test when the blood test is requested,
and the person is subsequently convicted, he must pay for the cost of the blood
test, including the fees and expenses of witnesses in court.

(c) A police officer may direct the person to submit to a
blood test if the officer has reasonable grounds to believe that the person:

(1) Caused death or substantial bodily harm to another
person as a result of driving or being in actual physical control of a vehicle
while under the influence of intoxicating liquor or a controlled substance or
as a result of engaging in any other conduct prohibited by NRS 484.379 or
484.3795; or

(2) Has been convicted within the previous 7 years of:

(I) A violation of NRS 484.379, 484.3795,
subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another
jurisdiction that prohibits the same or similar conduct; or

(II) Any other offense in this state or another
jurisdiction in which death or substantial bodily harm to another person
resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

5. If the presence of a controlled substance, chemical,
poison, organic solvent or another prohibited substance in the blood or urine
of the person is in issue, the officer may direct him to submit to a blood or
urine test, or both, in addition to the breath test.

6. Except as otherwise provided in subsections 3 and 5, a
police officer shall not direct a person to submit to a urine test.

7. If a person to be tested fails to submit to a required
test as directed by a police officer pursuant to this section and the officer
has reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle
while under the influence of intoxicating liquor or a controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 484.379
or 484.3795,

the officer may direct that reasonable force be used to the
extent necessary to obtain samples of blood from the person to be tested. Not
more than three such samples may be taken during the 5-hour period immediately
following the time of the initial arrest. In such a circumstance, the officer
is not required to provide the person with a choice of tests for determining
the [alcoholic content]concentration of alcohol or presence of a
controlled substance or another prohibited substance in his blood.

8. If a person who is less than 18 years of age is
directed to submit to an evidentiary test pursuant to this section, the officer
shall, before testing the person, make a reasonable
attempt to notify the parent, guardian or custodian of the person, if known.

testing the person, make a reasonable attempt to notify the
parent, guardian or custodian of the person, if known.

Sec. 13. NRS 484.385 is hereby amended to read as follows:

484.3851. As agent for the
department, the officer who obtained the result of a test given pursuant to NRS
484.382 or 484.383 shall immediately serve an order of revocation of the
license, permit or privilege to drive on a person who has a concentration of alcohol of 0.10 [percent]
or more [by weight of alcohol] in his blood or breath or has a
detectable amount of a prohibited substance in his blood or urine, if that
person is present, and shall seize his license or permit to drive. The officer
shall then advise him of his right to administrative and judicial review of the
revocation and to have a temporary license, and shall issue him a temporary
license on a form approved by the department if he requests one, which is
effective for only 7 days including the date of issuance. The officer shall
immediately transmit the persons license or permit to the department along
with the written certificate required by subsection 2.

2. When a police officer has served an order of revocation
of a drivers license, permit or privilege on a person pursuant to subsection
1, or later receives the result of an evidentiary test which indicates that a
person, not then present, had a
concentration of alcohol of 0.10 [percent]
or more [by weight of alcohol] in his blood or breath or had a
detectable amount of a prohibited substance in his blood or urine, the officer
shall immediately prepare and transmit to the department, together with the
seized license or permit and a copy of the result of the test, a written
certificate that he had reasonable grounds to believe that the person had been
driving or in actual physical control of a vehicle with a concentration of alcohol of 0.10 [percent]
or more [by weight of alcohol] in his blood or breath or with a
detectable amount of a prohibited substance in his blood or urine, as determined
by a chemical test. The certificate must also indicate whether the officer
served an order of revocation on the person and whether he issued the person a
temporary license.

3. The department, upon receipt of such a certificate for
which an order of revocation has not been served, after examining the
certificate and copy of the result of the chemical test, if any, and finding
that revocation is proper, shall issue an order revoking the persons license,
permit or privilege to drive by mailing the order to the person at his last
known address. The order must indicate the grounds for the revocation and the
period during which the person is not eligible for a license, permit or
privilege to drive and state that the person has a right to administrative and judicial
review of the revocation and to have a temporary license. The order of
revocation becomes effective 5 days after mailing.

4. Notice of an order of revocation and notice of the
affirmation of a prior order of revocation or the cancellation of a temporary
license provided in NRS 484.387 is sufficient if it is mailed to the persons
last known address as shown by any application for a license. The date of
mailing may be proved by the certificate of any officer or employee of the
department, specifying the time of mailing the notice. The notice is presumed
to have been received upon the expiration of 5 days after it is deposited,
postage prepaid, in the United States mail.

484.3871. At any time while a
person is not eligible for a license, permit or privilege to drive following an
order of revocation issued pursuant to NRS 484.385, he may request in writing a
hearing by the department to review the order of revocation, but he is only
entitled to one hearing. The hearing must be conducted within 15 days after
receipt of the request, or as soon thereafter as is practicable, in the county
where the requester resides unless the parties agree otherwise. The director or
his agent may issue subpoenas for the attendance of witnesses and the
production of relevant books and papers and may require a reexamination of the
requester. The department shall issue an additional temporary license for a
period which is sufficient to complete the administrative review.

2. The scope of the hearing must be limited to the issue
of whether the person, at the time of the test, had a concentration of alcohol of 0.10 [percent]
or more [by weight of alcohol] in his blood or breath or a detectable
amount of a prohibited substance in his blood or urine. Upon an affirmative
finding on this issue, the department shall affirm the order of revocation.
Otherwise, the order of revocation must be rescinded.

3. If, after the hearing, the order of revocation is
affirmed, the person whose license, privilege or permit has been revoked is
entitled to a review of the same issues in district court in the same manner as
provided by chapter 233B of NRS. The court shall notify the department upon the
issuance of a stay and the department shall issue an additional temporary
license for a period which is sufficient to complete the review.

4. If a hearing officer grants a continuance of a hearing
at the request of the person whose license was revoked, or a court does so
after issuing a stay of the revocation, the officer or court shall notify the
department, and the department shall cancel the temporary license and notify
the holder by mailing the order of cancellation to his last known address.

Sec. 19. NRS 484.3888 is hereby amended to read as
follows:

484.3888 1. The committee on testing for intoxication may
adopt regulations that require:

(a) The calibration of devices which are used to test a
persons blood or urine to determine the [amount]concentration of
alcohol or the presence of a controlled substance or another prohibited
substance in the persons blood or urine;

(b) The certification of persons who make those
calibrations;

(c) The certification of persons who operate devices for
testing a persons blood or urine to determine the [amount]concentration of
alcohol or presence of a controlled substance or another prohibited substance
in the persons blood or urine; and

(d) The certification of persons who examine those
operators.

2. The committee may adopt regulations that prescribe the
essential procedures for the proper operation of the various types of devices
used to test a persons blood or urine to determine the [amount]concentration of
alcohol or the presence of a controlled substance or another prohibited
substance in the persons blood or urine.

484.391 1. A person who is arrested for driving or being
in actual physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance or for engaging in any other
conduct prohibited by NRS 484.379 or 484.3795 must be permitted, upon his
request and at his expense, reasonable opportunity to have a qualified person
of his own choosing administer a chemical test or tests to determine:

(a) The [alcoholic content]concentration of alcohol in his blood [;]or breath; or

(b) Whether a controlled substance, chemical, poison,
organic solvent or another prohibited substance is present in his blood or
urine.

2. The failure or inability to obtain such a test or tests
by such a person does not preclude the admission of evidence relating to the
refusal to submit to a test or relating to a test taken upon the request of a
police officer.

3. A test obtained under the provisions of this section
may not be substituted for or stand in lieu of the test required by NRS
484.383.

Sec. 25. NRS 484.791 is hereby amended to read as follows:

484.791 1. Any peace officer may, without a warrant,
arrest a person if the officer has reasonable cause for believing that the
person has committed any of the following offenses:

(a) Homicide by vehicle;

(b) A violation of NRS 484.379;

(c) A violation of NRS 484.3795;

(d) Failure to stop, give information or render reasonable
assistance in the event of an accident resulting in death or personal injuries
in violation of NRS 484.219 or 484.223;

(e) Failure to stop or give information in the event of an
accident resulting in damage to a vehicle or to other property legally upon or
adjacent to a highway in violation of NRS 484.221 or 484.225;

(f) Reckless driving;

(g) Driving a motor vehicle on a highway or on premises to
which the public has access at a time when his drivers license has been
canceled, revoked or suspended; or

(h) Driving a motor vehicle in any manner in violation of
the restrictions imposed in a restricted license issued to him pursuant to NRS
483.490.

2. Whenever any person is arrested as authorized in this
section, he must be taken without unnecessary delay before the proper
magistrate as specified in NRS 484.803, except that in the case of either of
the offenses designated in paragraphs (e) and (f) of subsection 1 a peace officer has the same
discretion as is provided in other cases in NRS 484.795.

Sec. 28. NRS 488.410 is hereby amended to read as follows:

488.410 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a
concentration of alcohol of 0.10 [percent]
or more [by weight of alcohol] in his blood [;]or breath; or

(c) Is found by measurement within 2 hours after operating
or being in actual physical control of a vessel to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood
[,] or breath,

of 0.10
[percent] or more [by weight of alcohol]
in his blood [,]or breath,

to operate or be in actual physical control of a vessel under
power or sail on the waters of this state.

2. It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicating liquor
and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely operating or
exercising actual physical control of a vessel under power or sail,

to operate or be in actual physical control of a vessel under
power or sail on the waters of this state.

3. It is unlawful for any person to operate or be in
actual physical control of a vessel under power or sail on the waters of this
state with an amount of a prohibited substance in his blood or urine that is
equal to or greater than:

Prohibited
substance

Urine

Blood

Nanograms per

Nanograms per

milliliter

milliliter

(a) Amphetamine

500

100

(b) Cocaine

150

50

(c) Cocaine metabolite

150

50

(d) Heroin

2,000

50

(e) Heroin metabolite:

(1) Morphine

2,000

50

(2) 6-monoacetyl morphine

10

10

(f) Lysergic acid diethylamide

25

10

(g) Marijuana

10

2

(h) Marijuana metabolite

15

5

(i) Methamphetamine

500

100

(j) Phencyclidine

25

10

4. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after operating or
being in actual physical control of the vessel, and before his blood was tested,
to cause [the]him to have a concentration of 0.10 or more of
alcohol in his blood [to equal or exceed 0.10 percent.]or breath. A defendant who
intends to offer this defense at a trial or preliminary hearing must, not less
than 14 days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of that
intent.

Sec. 29. NRS 488.420 is hereby amended to read as follows:

488.420 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a
concentration of alcohol of 0.10 [percent]
or more [by weight of alcohol] in his blood [;]or breath;

(c) Is found by measurement within 2 hours after operating
or being in actual physical control of a vessel under power or sail to have a concentration
of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or
breath;

concentration of
alcohol of 0.10 [percent] or more [by weight of alcohol]
in his blood [;]or breath;

(d) Is under the influence of a controlled substance or is
under the combined influence of intoxicating liquor and a controlled substance;

(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely operating or being in
actual physical control of a vessel under power or sail; or

(f) Has a prohibited substance in his blood or urine in an
amount that is equal to or greater than the amount set forth in subsection 3 of
NRS 488.410,

and does any act or neglects any duty imposed by law while
operating or being in actual physical control of any vessel under power or
sail, if the act or neglect of duty proximately causes the death of, or
substantial bodily harm to, a person other than himself, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 20
years and shall be further punished by a fine of not less than $2,000 nor more
than $5,000. A person so imprisoned must, insofar as practicable, be segregated
from offenders whose crimes were violent and, insofar as practicable, be
assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge of
violating the provisions of subsection 1 in exchange for a plea of guilty,
guilty but mentally ill or nolo contendere to a lesser charge or for any other
reason unless he knows or it is obvious that the charge is not supported by
probable cause or cannot be proved at the time of trial. A sentence imposed
pursuant to subsection 1 must not be suspended, and probation must not be
granted.

3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after operating or
being in actual physical control of the vessel under power or sail, and before
his blood was tested, to cause [the]him to have a concentration of alcohol of 0.10 or more in his
blood [to equal or exceed 0.10 percent.]or breath. A defendant who
intends to offer this defense at a trial or preliminary hearing must, not less
than 14 days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of that
intent.

4. If a person less than 15 years of age was in the vessel
at the time of the defendants violation, the court shall consider that fact as
an aggravating factor in determining the sentence of the defendant.

Sec. 30. NRS 488.450 is hereby amended to read as follows:

488.450 1. Any person who operates or is in actual
physical control of a vessel under power or sail on the waters of this state
shall be deemed to have given his consent to a preliminary test of his breath
to determine the [alcoholic content]concentration of alcohol in his breath when the test is
administered at the direction of a peace officer after a vessel accident or
collision or where an officer stops a vessel, if the officer has reasonable
grounds to believe that the person to be tested was:

(a) Operating or in actual physical control of a vessel
under power or sail while under the influence of intoxicating liquor or a controlled
substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410
or 488.420.

2. If the person fails to submit to the test, the officer
shall arrest him and take him to a convenient place for the administration of a
reasonably available evidentiary test under NRS 488.460.

3. The result of the preliminary test must not be used in
any criminal action, except to show there were reasonable grounds to make an
arrest.

Sec. 31. NRS 488.460 is hereby amended to read as follows:

488.460 1. Except as otherwise provided in subsections 3
and 4, a person who operates or is in actual physical control of a vessel under
power or sail on the waters of this state shall be deemed to have given his
consent to an evidentiary test of his blood, urine, breath or other bodily
substance to determine the [alcoholic content]concentration of alcohol in his blood or breath or to determine
whether a controlled substance, chemical, poison, organic solvent or another
prohibited substance is present, if such a test is administered at the
direction of a peace officer having reasonable grounds to believe that the
person to be tested was:

(a) Operating or in actual physical control of a vessel
under power or sail while under the influence of intoxicating liquor or a
controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410
or 488.420.

2. If the person to be tested pursuant to subsection 1 is
dead or unconscious, the officer shall direct that samples of blood from the
person be tested.

3. Any person who is afflicted with hemophilia or with a
heart condition requiring the use of an anticoagulant as determined by a
physician is exempt from any blood test which may be required pursuant to this
section, but must, when appropriate pursuant to the provisions of this section,
be required to submit to a breath or urine test.

4. If the [alcoholic content]concentration of alcohol of the blood or
breath of the person to be tested is in issue:

(a) Except as otherwise provided in this section, the
person may refuse to submit to a blood test if means are reasonably available
to perform a breath test.

(b) The person may request a blood test, but if means are
reasonably available to perform a breath test when the blood test is requested,
and the person is subsequently convicted, he must pay for the cost of the blood
test, including the fees and expenses of witnesses in court.

(c) A peace officer may direct the person to submit to a
blood test if the officer has reasonable grounds to believe that the person:

(1) Caused death or substantial bodily harm to another
person as a result of operating or being in actual physical control of a vessel
under power or sail while under the influence of intoxicating liquor or a
controlled substance or as a result of engaging in any other conduct prohibited
by NRS 488.410 or 488.420; or

(I) A violation of NRS 484.379, 484.3795,
subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another
jurisdiction that prohibits the same or similar conduct; or

(II) Any other offense in this state or another
jurisdiction in which death or substantial bodily harm to another person
resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

5. If the presence of a controlled substance, chemical,
poison, organic solvent or another prohibited substance in the blood or urine
of the person is in issue, the officer may direct him to submit to a blood or
urine test, or both, in addition to the breath test.

6. Except as otherwise provided in subsections 3 and 5, a
peace officer shall not direct a person to submit to a urine test.

7. If a person to be tested fails to submit to a required
test as directed by a peace officer pursuant to this section and the officer
has reasonable grounds to believe that the person to be tested was:

(a) Operating or in actual physical control of a vessel
under power or sail while under the influence of intoxicating liquor or a
controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410
or 488.420,

the officer may direct that reasonable force be used to the
extent necessary to obtain samples of blood from the person to be tested. Not
more than three such samples may be taken during the 5-hour period immediately
following the time of the initial arrest. In such a circumstance, the officer
is not required to provide the person with a choice of tests for determining
the alcoholic content or presence of a controlled substance or another
prohibited substance in his blood.

Sec. 33. NRS 488.480 is hereby amended to read as follows:

488.480 1. If a person refuses to submit to a required
chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal
is admissible in any criminal action arising out of acts alleged to have been
committed while the person was:

(a) Operating or in actual physical control of a vessel
under power or sail while under the influence of intoxicating liquor or a
controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410
or 488.420.

2. Except as otherwise provided in subsection 3 of NRS
488.450, a court may not exclude evidence of a required test or failure to
submit to such a test if the peace officer or other person substantially
complied with the provisions of NRS 488.450 to 488.500, inclusive.

3. If a person submits to a chemical test provided for in
NRS 488.450 or 488.460, full information concerning that test must be made
available, upon his request, to him or his attorney.

4. Evidence of a required test is not admissible in a
criminal proceeding unless it is shown by documentary or other evidence that
the device for testing breath was certified pursuant to NRS 484.3882 and was
calibrated, maintained and operated as provided by the regulations of the
committee on testing for intoxication adopted pursuant to NRS 484.3884,
484.3886 or 484.3888.

5. If the device for testing breath has been certified by
the committee on testing for intoxication to be accurate and reliable pursuant to NRS 484.3882, it is presumed that, as designed and
manufactured, the device is accurate and reliable for the purpose of testing a
persons breath to determine the [percent by weight] concentration of alcohol
in the persons breath.

pursuant to NRS 484.3882, it is presumed that, as designed
and manufactured, the device is accurate and reliable for the purpose of
testing a persons breath to determine the [percent by weight]concentration of
alcohol in the persons breath.

6. A court shall take judicial notice of the certification
by the director of a person to operate testing devices of one of the certified
types. If a test to determine the amount of alcohol in a persons breath has
been performed with a certified type of device by a person who is certified
pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated
the device properly.

7. This section does not preclude the admission of
evidence of a test of a persons breath where the:

(a) Information is obtained through the use of a device
other than one of a type certified by the committee on testing for
intoxication.

(b) Test has been performed by a person other than one who
is certified by the director.

Sec. 34. NRS 488.490 is hereby amended to read as follows:

488.490 1. A person who is arrested for operating or
being in actual physical control of a vessel under power or sail while under
the influence of intoxicating liquor or a controlled substance or for engaging
in any other conduct prohibited by NRS 488.410 or 488.420 must be permitted,
upon his request and at his expense, reasonable opportunity to have a qualified
person of his own choosing administer a chemical test to determine:

(a) The [alcoholic content]concentration of alcohol in his blood[;]or breath; or

(b) Whether a controlled substance, chemical, poison,
organic solvent or another prohibited substance is present in his blood or
urine.

2. The failure or inability to obtain such a test does not
preclude the admission of evidence relating to the refusal to submit to a test
or relating to a test taken upon the request of a peace officer.

3. A test obtained under the provisions of this section
may not be substituted for or stand in lieu of the test required by NRS
488.460.

Sec. 37.NRS 50.315 is hereby amended to read as
follows:

50.3151. Except as otherwise
provided in subsections 6 and 7, the affidavit or declaration of a person is
admissible in evidence in any criminal or administrative proceeding to prove:

(a) That the affiant or declarant has been certified by the
director of the department of motor vehicles and public safety as being
competent to operate devices of a type certified by the committee on testing
for intoxication as accurate and reliable for testing a persons breath to
determine the [amount by weight]concentration of alcohol
in his breath;

(b) The identity of a person from whom the affiant or
declarant obtained a sample of breath; and

(c) That the affiant or declarant tested the sample using a
device of a type so certified and that the device was functioning properly.

2. Except as otherwise provided in subsections 6 and 7,
the affidavit or declaration of a person who prepared a chemical solution or
gas that has been used in calibrating a device for testing anothers breath to
determine the [amount]concentration of alcohol in his breath is admissible in evidence in any criminal or administrative
proceeding to prove:

is admissible in evidence in any criminal or administrative
proceeding to prove:

(a) The occupation of the affiant or declarant; and

(b) That the solution or gas has the chemical composition
necessary for accurately calibrating it.

3. Except as otherwise provided in subsections 6 and 7,
the affidavit or declaration of a person who calibrates a device for testing
anothers breath to determine the [amount]concentration of
alcohol in his breath is admissible in evidence in any criminal or
administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) That on a specified date the affiant or declarant
calibrated the device at a named law enforcement agency by using the procedures
and equipment prescribed in the regulations of the committee on testing for
intoxication;

(c) That the calibration was performed within the period
required by the committees regulations; and

(d) Upon completing the calibration of the device, it was
operating properly.

4. Except as otherwise provided in subsections 6 and 7,
the affidavit or declaration made under the penalty of perjury of a person who
withdraws a sample of blood from another for analysis by an expert as set forth
in NRS 50.320 is admissible in any criminal or administrative proceeding to
prove:

(a) The occupation of the affiant or declarant;

(b) The identity of the person from whom the affiant or
declarant withdrew the sample;

(c) The fact that the affiant or declarant kept the sample
in his sole custody or control and in substantially the same condition as when
he first obtained it until delivering it to another; and

(d) The identity of the person to whom the affiant or
declarant delivered it.

5. Except as otherwise provided in subsections 6 and 7, the
affidavit or declaration of a person who receives from another a sample of
blood or urine or other tangible evidence that is alleged to contain alcohol or
a controlled substance, chemical, poison, organic solvent or another prohibited
substance may be admitted in any criminal, civil or administrative proceeding
to prove:

(a) The occupation of the affiant or declarant;

(b) The fact that the affiant or declarant received a
sample or other evidence from another person and kept it in his sole custody or
control in substantially the same condition as when he first received it until
delivering it to another; and

(c) The identity of the person to whom the affiant or
declarant delivered it.

6. If, at or before the time of the trial, the defendant
establishes that:

(a) There is a substantial and bona fide dispute regarding
the facts in the affidavit or declaration; and

(b) It is in the best interests of justice that the witness
who signed the affidavit or declaration be cross-examined,

the court may order the prosecution to produce the witness
and may continue the trial for any time the court deems reasonably necessary to
receive such testimony.

receive such testimony. The time within which a trial is
required is extended by the time of the continuance.

7. During any trial in which the defendant has been
accused of committing a felony, the defendant may object in writing to
admitting into evidence an affidavit or declaration described in this section.
If the defendant makes such an objection, the court shall not admit the
affidavit or declaration into evidence and the prosecution may cause the person
to testify in court to any information contained in the affidavit or
declaration.

8. The committee on testing for intoxication shall adopt
regulations prescribing the form of the affidavits and declarations described
in this section.

Sec. 38. NRS 50.320 is hereby amended to read as follows:

50.3201. The affidavit or
declaration of a chemist and any other person who has qualified in the district
court of any county to testify as an expert witness regarding the presence in
the breath, blood or urine of a person of alcohol, a controlled substance, or a
chemical, poison, organic solvent or another prohibited substance, or the
identity or quantity of a controlled substance alleged to have been in the
possession of a person, which is submitted to prove:

(a) The quantity of the purported controlled substance; or

(b) The [amount]concentration of alcohol or the presence or
absence of a controlled substance, chemical, poison, organic solvent or another
prohibited substance, as the case may be,

is admissible in the manner provided in this section.

2. An affidavit or declaration which is submitted to prove
any fact set forth in subsection 1 must be admitted into evidence when
submitted during any administrative proceeding, preliminary hearing or hearing
before a grand jury. The court shall not sustain any objection to the admission
of such an affidavit or declaration.

3. The defendant may object in writing to admitting into
evidence an affidavit or declaration submitted to prove any fact set forth in
subsection 1 during his trial. If the defendant makes such an objection, the
court shall not admit the affidavit or declaration into evidence and the
prosecution may cause the person to testify in court to any information
contained in the affidavit or declaration.